{"id":60056,"date":"2025-02-07T09:34:49","date_gmt":"2025-02-07T14:34:49","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=60056"},"modified":"2025-02-07T09:34:49","modified_gmt":"2025-02-07T14:34:49","slug":"ca9-knock-and-announce-failure-doesnt-lead-to-suppression","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=60056","title":{"rendered":"CA9: Knock-and-announce failure doesn\u2019t lead to suppression"},"content":{"rendered":"\n<p>Knock-and-announce failure doesn\u2019t lead to suppression. <a href=\"https:\/\/cdn.ca9.uscourts.gov\/datastore\/memoranda\/2025\/02\/04\/22-50163.pdf\">United States v. Benlevi<\/a>, 2025 U.S. App. LEXIS 2452 (9th Cir. Feb. 4, 2025).<\/p>\n\n\n\n<p>Police were called to a motel where a vehicle was illegally parked in a handicapped zone for an hour allegedly dealing drugs to hotel occupants. The police approach of the car was valid under Terry, and drugs were seen in plain view. Johnson v. State, 2025 Miss. App. LEXIS 48 (Feb. 4, 2025).*<\/p>\n\n\n\n<p>Petitioner had a full and fair opportunity to litigate his Fourth Amendment claims in state court, so he can\u2019t bring them in habeas. CoA denied. Butler v. Campbell, 2025 U.S. App. LEXIS 2458 (6th Cir. Feb. 3, 2025).*<\/p>\n\n\n\n<p>The district court had no jurisdiction over petitioner\u2019s Rule 60 motion for newly discovered evidence about his search, so CoA denied. Price v. United States, 2025 U.S. App. LEXIS 2460 (6th Cir. Feb. 3, 2025).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Knock-and-announce failure doesn\u2019t lead to suppression. United States v. Benlevi, 2025 U.S. App. LEXIS 2452 (9th Cir. Feb. 4, 2025). Police were called to a motel where a vehicle was illegally parked in a handicapped zone for an hour allegedly &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=60056\">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":[126,56,51,35],"tags":[],"class_list":["post-60056","post","type-post","status-publish","format-standard","hentry","category-issue-preclusion","category-knock-and-announce","category-plain-view","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/60056","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=60056"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/60056\/revisions"}],"predecessor-version":[{"id":60057,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/60056\/revisions\/60057"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=60056"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=60056"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=60056"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}