{"id":44726,"date":"2020-07-29T06:56:33","date_gmt":"2020-07-29T11:56:33","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=44726"},"modified":"2020-07-29T07:41:16","modified_gmt":"2020-07-29T12:41:16","slug":"tx1-knock-and-announce-violation-doesnt-warrant-suppression","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=44726","title":{"rendered":"TX1: Knock-and-announce violation doesn\u2019t warrant suppression under <em>Hudson<\/em>"},"content":{"rendered":"\n<p>The CI was reliable and provided probable cause. A knock-and-announce violation doesn\u2019t warrant suppression. Cleveland v. State, 2020 Tex. App. LEXIS 5829 (Tex. App. \u2013 Houston (1st Dist.) July 28, 2020):<\/p>\n\n\n\n<!--more-->\n\n\n\n<blockquote class=\"wp-block-quote is-layout-flow wp-block-quote-is-layout-flow\"><p>Assuming without deciding the no-knock entry was unjustified, the illegal manner of entry would not show the trial court abused its discretion in denying Cleveland&#8217;s motion. The suppression of evidence is not a proper remedy for a violation of the knock-and-announce rule unless the defendant proves the violation was the unattenuated but-for cause of the seizure of evidence. See Hudson v. Michigan, 547 U.S. 586, 592 (2006); State v. Callaghan, 222 S.W.3d 610, 613 (Tex. App.\u2014Houston [14th Dist.] 2007, pet. ref&#8217;d). Here, no causal connection existed between the officers&#8217; manner of entry and seizure of evidence. Officer Parker obtained a valid search warrant authorizing seizure of cocaine and related evidence from Cleveland&#8217;s apartment. Thus, regardless of their manner of entry, the officers would have executed the warrant and discovered the incriminating evidence in Cleveland&#8217;s apartment.<\/p><p>We hold that the allegedly unjustified no-knock entry did not warrant suppression of the evidence because it was not the unattenuated but-for cause of the evidence&#8217;s seizure. See Callaghan, 222 S.W.3d at 613-14 (holding that officers&#8217; violation of knock-and-announce rule before executing search warrant did not require suppression of evidence found in search as it was not unattenuated but-for cause of obtaining evidence).<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"<p>The CI was reliable and provided probable cause. A knock-and-announce violation doesn\u2019t warrant suppression. Cleveland v. State, 2020 Tex. App. LEXIS 5829 (Tex. App. \u2013 Houston (1st Dist.) July 28, 2020):<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[44,56],"tags":[],"class_list":["post-44726","post","type-post","status-publish","format-standard","hentry","category-informant-hearsay","category-knock-and-announce"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/44726","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=44726"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/44726\/revisions"}],"predecessor-version":[{"id":44735,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/44726\/revisions\/44735"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=44726"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=44726"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=44726"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}