The Knock and Announce Rule
Title 18 US Code 3109 codifies this rule into federal law.
This rule has existed as common law in various forms and in various countries for centuries. This rule is codified on the federal and the state level. State Codes should be examined if you wish to understand the rules that govern your state level law enforcement officers.
What the US Code Says:
The officer may break open any outer or inner door or window of a house, or any part of a house, or anything therein, to execute a search warrant, if, after notice of his authority and purpose, he is refused admittance or when necessary to liberate himself or a person aiding him in the execution of the warrant.
What the Rule Means:
This rule means that law enforcement must identify themselves and their purpose, and then give a chance for compliance to occupants of a house before forcing entry with a search warrant. There is no hard rule that they have to knock; they simply have to make their presence known in a reasonable fashion. There is no hard rule that they have to wait a certain amount of time before entry; they simply have to give reasonable time for occupants to comply which maybe different depending on various circumstances like time of day. There is no hard rule that occupants must refuse to cooperate; none compliance is refusal and clears an officer with a warrant for forced entry.
The rule maintains protection for the individual as guaranteed by the fourth Amendment, which protects against unreasonable searches and seizures. It also serves to protect law enforcement, by ensuring that the occupants know who they are and what they want the chances of them being injured by an occupant defending their home from seeming invaders is reduced.
The rule maintains protection for the individual as guaranteed by the fourth Amendment, which protects against unreasonable searches and seizures. It also serves to protect law enforcement, by ensuring that the occupants know who they are and what they want the chances of them being injured by an occupant defending their home from seeming invaders is reduced.
What Happens if the Rule is Violated:
The process of how officers gain entry is review-able. If after review, officers are found to be in violation of the rule, all evidence collected during the search can be thrown out.
Exceptions:
No knock warrants are a clear exception to the Knock and Announce Rule. Other exceptions are if the officers have a reasonable fear that following the rule will result in the destruction of evidence or harm to the officer. The final exception is if the officer has already been identified and their authority is known, such as ringing a 5-0 alarm in an area.
Tricks:
If an officer tricks you into letting them in and they do not break anything, there is no violation of this rule. However, officers posing as agents of other government agencies are subject to having the consent revoked and thus the evidence collected suppressed. Most officers will try to offer a service, something that will not be discovered before they gain entry.
Resources:
Pacts Inc. is not a law office and this information was not prepared by an attorney. Contact an attorney if you need legal assistance.
