3.5.4 Execution of the Warrant
Library | Criminal Procedure in Practice (ABA) (2018 Ed.) |
3.5.4 Execution of the Warrant
Historically, defendants have often complained about so-called "no-knock" entries by police when executing a warrant.102 To balance privacy interests against the need to execute the warrant effectively, normally officers must knock on the door, identify themselves, and state the purpose for entering.103 An officer must then request entry, give a reasonable time for response,104 and be denied before using force to enter. A "no-knock" entry is permitted if the officers, at the time of the entry, have a reasonable belief that such notice will lead to the destruction of the items sought, the entry will endanger the officers or others, or the knock and announce would be futile.105 The decision to enter without knocking and announcing must be made based on the specific circumstances of each entry.106 A per se rule that officers are never required to knock and announce when executing a search warrant in a felony drug investigation is improper under the Fourth Amendment.
[T]he fact that felony drug investigations may frequently present circumstances warranting a no-knock entry cannot remove from the neutral scrutiny of a reviewing court the reasonableness of the police decision not to knock and announce in a particular case. Instead, in each case, it is the duty of a court confronted with the question to determine whether the facts and circumstances of the particular entry justified dispensing with the knock-and-announce requirement.107
But it may be reasonable for police to execute a no-knock entry even after a magistrate judge rejected a no-knock request when reviewing the warrant application.108
In many jurisdictions, the use of force is explicitly authorized by statute when officers are refused admittance after properly...
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- 3.5 Searches Pursuant to Warrants
- 3.5.1 Challenging the Probable Cause Determination in a Warrant
- 3.5.2 The Particular Description in the Warrant
- 3.5.3 "neutral and Detached" Magistrate
- 3.5.4 Execution of the Warrant
- 3.5.5 Search and Detention During the Execution of a Warrant
- 3.5.6 Military Law Variations
- 3.5.7 Exceptions to the Search Warrant Mandate
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