An examination of the history and value of the knock and announce requirement from the police.
Written in 2008; 2,912 words; 11 sources; APA; $ 86.95
Paper Summary:
This paper discusses the knock and announce requirement within law enforcement. It discusses the history behind the requirement, as well as related police requirements when gathering evidence. The paper then looks at when and how it is meant to be applied by the police and it discusses the implications of violations of the requirement. The paper's sources are the case law which are cited in the endnotes. It does not contain a bibliography.
Table of Contents:
Constitutional Protections and the Exclusionary Rule
Applying the Exclusionary Rule to Knock and Announce Violations
Weighing the Respective Interests of Constitutional Protections and Effective Policing
Alternative Remedies Consistent with the Concept of Harmless Error:
From the Paper:
"Finally, with regard to appropriate remedies for impermissible police conduct in the form of knock and announce requirement violations, the Supreme Court suggested in Hudson that when rights are violated by police in good faith execution of otherwise valid search warrants, sufficient civil remedies exist for individuals harmed by such violations without requiring the exclusion of evidence as a remedy. The rationale of applying remedies for technical violations of constitutionally required police procedures is to deter impermissible police conduct in pursuit of evidence of criminal conduct. The exclusionary rule is appropriately applied where police conduct violates the safeguards against seizing evidence without a warrant. It is not appropriately applied for technical violations of knock and announce procedures of otherwise valid warrant executions."
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