Knock and Announce Rules

Knock and Announce Rule

• Generally, before a search or seizure:

  • Officers MUST knock and announce

    • And give notice of intent to enter whether for a search or arrest

    • However, there are exceptions which will be discussed below

• This requirement is to:

  • Protect the officers from potential harm if the occupant does not realize they are police (and think they are intruders)

  • Protect the occupant from unnecessary property damage or construction

  • Protect the privacy of the occupant when no danger is inherent

Knock and Announce Exceptions

• Exceptions:

  • When there is any reasonable risk of danger to the officer

  • When there is any reasonable possibility of D’s escape or

  • When there is any reasonable possibility of the destruction of evidence by occupant

Knock and Announce (continued)

• In Hudson v. Michigan (2006) the U.S. Supreme Court held that the knock and announce rule still applied; BUT

  • If there is a violation of that requirement, the exclusionary rule no longer must apply

  • In other words, if the police fail to knock and announce, any evidence obtained is not required to be suppressed

• It is up to each state to decide whether it will apply to the exclusionary rule to a violation of the knock and announce rule

  • The Ohio Supreme Court has ruled not to apply the exclusionary rule to a violation

Remedy Now for Violation

• The primary remedy now is suing the officer and the department for a violation of civil rights

  • The Supreme Court dissenters said this was at best difficult and often an almost worthless remedy

    • Usually only is successful if no criminal evidence was found and the police damaged property when entering