Should police knock before serving a search warrant?

Question

In a land that claims a man is innocent until PROVEN guilty should poice be able to enter unannounced even with a warrant?

Answer 1

You must be referring to the Supreme Court case decision which was decided today, Hudson vs. Michigan, during which a no-knock 3 second post annoncement entry was upheld as lawful.

Think about the question logically. Yes, this is America and we are innocent until proven guilty, but that has nothing to do with the destruction of evidence.

The old rule allowed the police to enter 15-20 seconds after knocking.

Go into your bathroom. How many times can you flush your toilet in 20 seconds. I'll bet at least twice...and...what's the best way to get rid of drugs in your home? Flushing them.

Or, place an object on the other side of the room, or across the house altogther. Now, pretend that item is a gun. How long does it take you to retreive that item? I'll bet less than 20 seconds.

The old knock and notice requirements were seriously determental to the case and very dangerous to Law Enforcement.

On the other hand a search warrant for a stolen bicycle is a whole 'nother story. Knock and notice is a very valid procedure.

Answer 2

The U.S. Supreme Court just answered this question today: No, police are not required to knock. Once they have a search warrant, (which they can get from any judge just for the asking--no "probable cause" needed anymore!) they can show up, even in the middle of the night, and break down your door with dynamite, if needed, without ever asking you just to open it. Additionally, the court ruled that all Americans must now speak either German or Russian, because the English language reflects certain attitudes and expectations about personal autonomy that are incompatible with the police power that is needed in the U.S. today.

Answer 3

Police with an arrest warrant would enter and search for the premises with out the permission of the vendors. from time to time they might enter with out putting forward themselves. Police would also carry someone for twenty-four hours in the previous charging or freeing them. Now if in truth the warrant replaced into withdrawn 5 days in the previous, and if it replaced into in truth a misdemeanor warrant, then the search will be deemed to be unreasonable search for and seizure. call the ACLU, and ask them in the adventure that they could help you. anticipate the police would have a a lot diverse take on the case although.

Answer 4

Our Laws say they must announce themselves properly. And not too long ago they used to knock on your door, hand you a search warrant, then search for persons, or items listed on the warrant.
However, the Patriot Act, has put this law out of service.
That is why now our homes can be raided, day or night, by the police serving search warrants for citizens who are too poor to pay fines.
Reminds me of the old England some of my ancestors fled, as well as the rule of Germany, Poland, Scottland, Ireland, France, Portugal, Spainish, and Asian, countries that my ancestors fled.
And, my Indian heritage says I've already lost too much to lose the right to be free from fear of my local police.
They do not have seperate cells for people who can't pay fines, and these citizens are subjected to violant offenders, and their lives are endangered through such illegal raids.
Check the stats, 97% percent of unpaid fines, are owed by the impoverished citizens of the townships.
Because of poverty, and governmental greed there used to be laws that protect poor Americans from being imprisoned, or having their homes raided in front of their children, for a fine they do not make enough money to pay.

Answer 5

The very idea of a warrant is defeated if the police are required to knock and wait for someone to answer before entering. Such a waiting period would allow the person or persons inside to dispose of evidence the police were seeking.

Answer 6

First yes, and second they have for years. In any high profile case where there is direct beleif that evidence will be destroyed or where there is evidence of armed suspect, no knock has been used in years and years. In general it is both for the safty of the police and the safty of the people in there that may do something stupid if they knew the police was comming in.

Answer 7

It depends on what the warrant is for.

if the house may be occupied by a dangerous criminal, then no, they should bust in and use any force necessary, but if there is no imminent threat to them, and there is little chance of a flight risk from suspect, then they will knock.


it also depends on the crime suspected, drug busts are different procedures than murder warrants

Answer 8

as of 6-15-06 they don't have to.

Answer 9

It depends on the nature of the warrant and the intelligence that they've gathered.

Answer 10

They have to knock and yell police, BUT they don't have to wait for a response before entering.