{"id":43659,"date":"2020-05-07T14:03:48","date_gmt":"2020-05-07T19:03:48","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=43659"},"modified":"2020-05-07T14:10:33","modified_gmt":"2020-05-07T19:10:33","slug":"hi-repeated-announcement-outside-tent-before-entry-with-sw-satisfied-knock-and-announce-requirement-def-was-hearing-impaired-and-slept-through-it","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=43659","title":{"rendered":"HI: Repeated announcement outside tent before entry with SW satisfied knock-and-announce requirement; def was hearing impaired and slept through it"},"content":{"rendered":"\n<p>Defendant lived in a park in a \u201ctent,\u201d under a tarp with gaps that officers could somewhat see inside. Officers had a search warrant and they announced loudly several times their office and purpose. There was no door to knock on, and the officers complied with the knock-and-announce requirement by repeatedly yelling before entry. Defendant was hearing impaired, and they had to wake him. They protected his privacy as much as reasonably possible. <a href=\"https:\/\/www.courts.state.hi.us\/wp-content\/uploads\/2020\/04\/CAAP-17-0000898mop.pdf\">State v. Keanaaina<\/a>, 2020 Haw. App. LEXIS 123 (Apr. 13, 2020) (unpublished).<\/p>\n\n\n\n<p>Holding a likely innocent DWI suspect for 8 hours before release, apparently consistent with state policy, stated a claim for \u00a7 1983 relief. Also, the individual officers involved can get a jury verdict in their favor, but the city still loses because of the policy. Barnett v. MacArthur, 2020 U.S. App. LEXIS 11856 (11th Cir. Apr. 15, 2020).<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant lived in a park in a \u201ctent,\u201d under a tarp with gaps that officers could somewhat see inside. Officers had a search warrant and they announced loudly several times their office and purpose. There was no door to knock &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=43659\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[50,56],"tags":[],"class_list":["post-43659","post","type-post","status-publish","format-standard","hentry","category-arrest-or-entry-on-arrest","category-knock-and-announce"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/43659","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=43659"}],"version-history":[{"count":3,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/43659\/revisions"}],"predecessor-version":[{"id":43662,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/43659\/revisions\/43662"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=43659"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=43659"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=43659"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}