Opentopia Directory Encyclopedia Tools

Knock-and-announce

Encyclopedia : K : KN : KNO : Knock-and-announce


Criminal procedure
Criminal investigation
Arrest warrant  · Search warrant
Probable cause  · Knock and announce
Exigent circumstance
Search and seizure  · Arrest
Right to silence  · Miranda warning (U.S.)
Grand jury
Criminal prosecution
Statute of limitations
Bill of attainder  · Ex post facto law
Criminal jurisdiction  · Extradition
Inquisitorial system  · Adversarial system
Arraignment  · Indictment
Nolo contendere (U.S.)  · Plea bargain
Rights of the accused
Right to a fair trial
Presumption of innocence
Jury trial  · Speedy trial
Habeas corpus  · Bail
Exclusionary rule (U.S.)
Self-incrimination  · Double jeopardy
Verdict and sentencing
Acquittal  · Conviction (law)>Conviction
Not proven (Scot.)
Mandatory sentencing
Suspended sentence
Parole  · Probation
Tariff (UK)  · Life licence (UK)
Dangerous offender (Can.)
Cruel and unusual punishment
Capital punishment  · Execution warrant
Related areas of law
Criminal law  · Evidence
Civil procedure
Portals:  ·
Knock-and-announce, in United States law of criminal procedure, is an ancient common-law principle which requires law enforcement officers to announce their presence and provide residents of an opportunity to open the door to the residence when conducting a search.

In Wilson v. Arkansas, 514 U.S. 927 (1995), the Court outlined that a police officer does not have to knock and announce when he or she has a reasonable suspicion that one of the following is present:

*"Circumstances presen[t] a threat of physical violence"
*There is "reason to believe that evidence would likely be destroyed if advance notice were given"
*Knocking and announcing would be "futile" Richards v. Wisconsin, 520 U.S. 385, 394 (1997)
Jerry Seper wrote in the Washington Times:
In 1995, the Supreme Court ruled in an Arkansas case that the Fourth Amendment required police officers executing search warrants to knock and announce their presence before entering. The decision also recognized that in some circumstances a search still would be legal without a knock-and-announce by police. [link]
In Hudson v. Michigan (2006), the Supreme Court ruled that a violation of the knock and announce rule does not require the suppression of evidence using the Exclusionary rule.

See also

External link

 


From Wikipedia, the Free Encyclopedia. Original article here. Support Wikipedia by contributing or donating.
All text is available under the terms of the GNU Free Documentation License See Wikipedia Copyrights for details.

Search Titles
0123456789
ABCDEFGHIJ
KLMNOPQRST
UVWXYZ?

E-mail this article to:

Personal Message: