September 28, 2007, Newsletter Issue #66: Can the police come into my house by knocking down my door to enter my residence?
Tip of the Week
Under criminal law, the “Knock and Announce” rule generally applies when it comes to the police attempting to gain entry into someone's home. This means that the police must give the occupant a reasonable amount of time to answer the door before the police physically break down the door in order to execute a search.
On the contrary, just because the police officers fail to announce their purpose doesn't automatically mean that they have violated your Constitutional rights. It may become a factor considered later on, as to whether the search was reasonable, however.
Courts have generally overlooked the “knock and announce” rule if the officers believe the suspect may have large, vicious dogs, a security system or are in the process of disposing of drug evidence. These may be extenuating circumstances. There is also, in some states, a “no-knock” warrant that can be issued by a judge. The officers must state in the warrant the reason for not announcing within the warrant before it is executed.
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