Should police knock before serving a search warrant?

SevenPoints_7

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.

kramdiggity

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

meatloaf

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.

rectalsaraus

No. They are going to search anyway, why bother knocking!

grayladygranny

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

fr_chuck

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.

sobrien

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

miasophia

Yeah they'll find what they are searching for anyways

robertonduty

Yes... but very softly. Then whisper.... "police... open up please".

If it isnt answered.... get out the big bertha.

And your premise is somewhat flawed... we don't conduct searches AFTER a trial.... thats kinda silly... don't you think?

no it depend on what the warrent contain drugs they bust in someone being held for hostage kidnapp no they have the right search for suspect no but they have to hope to god its the right house are you can sue

jasong25

No because then you can flush the drugs down the toilet or keep yelling "Just a minute while you wash all the blood off the floor and your knives.

ur a 10, pregnant & near level 2

I think they usually do - and very loudly. If you're thinking about getting out a back door or window, they normally have them covered. :D

Zen

Why they did something.

Nancy Kay

Depends on the procedural requirements in their jurisdiction. Since they can execute the search warrant even without the presence or knowledge of the occupant of the premises to be searched, what purpose does notice serve? It's not like they need permisison...they have a warrant. Guilt or innocence is not the issue...reasonable search and seizure is the standard that is constitutionally protected, but "reasonable" has a wide range of interpretation in the law.

Roadrunner58-79

NO!!!Ring the doorbell!!

qwq

YES

sway_ii

Yes they should. I can onyl think of one reason when i feel they should not have to and that is if they have good reason to suspect that Bin Laden is hiding in that residence. if cops come to my home, i will open the door and maybe even serve them tea and cookies.

Jacey

yes

slagathor238

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

Spirited1

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.

POWER

yes, because that lets the houseowner know it's ok to enter.

corporal_billy_graham

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.

ArticExplosion

not if your a dangerous felon

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