Respondent Wisconsin . The judge who heard testimony at Richards' suppression hearing concluded that it was reasonable for the officers executing the warrant to believe that Richards knew, after opening the door to his motel room the first time, that the men seeking entry to his room were the police. Because the evidence in this case establishes that the decision not to knock and announce was a reasonable one under the circumstances, the officers' entry into the hotel room did not violate the Fourth Amendment. But, as the facts of this case demonstrate, a magistrate's decision not to authorize a no-knock entry should not be interpreted to remove the officers' authority to exercise independent judgment concerning the wisdom of a no-knock entry at the time the warrant is being executed. With the chain still on the door, Richards cracked it open.

That the Magistrate had originally refused to issue a noknock warrant means only that at the time the warrant was requested there was insufficient evidence for a no-knock entry. Accordingly, although we reject the blanket exception to the knock-and-announce requirement for felony drug investigations, the judgment of the Wisconsin Supreme Court is affirmed.
Decided . Cf. The State Supreme The officers arrived at the motel room at 3:40 a.m.

Lower court Wisconsin Supreme Court . In Wilson v. Arkansas, 514 U. S. 927, this Court held that the Fourth Amendment incorporates the common-law requirement that police knock on a dwelling's door and announce their identity and purpose before attempting forcible entry, recognized that the flexible reasonableness requirement should not be read to mandate a rigid announcement rule that ignores countervailing law enforcement interests, id., at 934, and left it to the lower courts to determine the circumstances under which an unannounced entry is reasonable. Pp. Or the police could know that the drugs being searched for were of a type or in a location that made them impossible to destroy quickly. 2d 1048 (Fla. 1994) (same).

of the reader. While it is true that a no-knock entry is less intrusive than, for example, a warrantless search, the individual interests implicated by an unannounced, forcible entry should not be unduly minimized. Justice Stevens delivered the opinion of the Court. Id., at 868-875, 549 N. W. 2d, at 228-230. 519, 523-524, 204 A. Creating exceptions to the requirement based on the culture surrounding a general category of criminal behavior presents at. 519, 523-524, 204 A. Id., at 54. U.S. 927, 930 They also found cash and cocaine hidden in plastic bags above the bathroom ceiling tiles. See, e.g., People v. Lujan, 484 P. 2d 1238, 1241 (Colo. 1971) (en banc); Henson v. State, 236 Md. 26. He quickly slammed the door closed and, after waiting two or three seconds, the officers began kicking and ramming the door to gain entry to the locked room. However, the officers' decision to enter the room must be evaluated as of the time of entry. The police requested a warrant that would have given advance authorization for a "no-knock" entry into the motel room, but the Magistrate explicitly deleted those portions of the warrant. The search warrant was the culmination of an investigation that had uncovered substantial evidence that Richards was one of several individuals dealing drugs out of hotel rooms in Madison. Although there is some dispute as to what occurred next, Richards acknowledges that when he opened the door he saw the man in uniform standing behind Officer Pharo. on Richards' door was dressed, and identified himself, as a maintenance Oral Argument - March 24, 1997; Opinion Announcement - April 28, 1997; Opinions. If a per se exception were allowed for each category of criminal investigation that included a considerable-albeit hypothetical-risk of danger to officers or destruction of evidence, the knock-and-announce element of the Fourth Amendment's reasonableness requirement would be meaningless.
4 It is always somewhat dangerous to ground exceptions to constitutional protections in the social norms of a given historical moment. Thus, while the prospect of a categorical rule was one to which we were alerted in Wilson, we did not choose to adopt such a rule at that time. For example, while drug investigation frequently does pose special risks to officer safety and the preservation of evidence, not every drug investigation will pose these risks to a substantial degree. cases in which a drug investigation does not pose special risks. With him were several plainclothes officers and at least one man in uniform. For example, while drug investigation frequently does pose special risks to officer safety and the preservation of evidence, not every drug investigation will pose these risks to a substantial degree.

Pp. Cf. 7 Id., at 55. Maryland v. Buie, Amendment. She observed that the constitutional reasonableness of a search has generally been a matter left to the court, rather than to the officers who conducted the search, and she objected to the creation of a blanket rule that insulated searches in a particular category of crime from the neutral oversight of a reviewing judge. 514 U.S., at 936 Because the evidence in this case establishes that the decision 2. 2018–07 . further justified their decision not to knock and announce.

§29-411 (1995); Okla. 1 Several other state courts-in cases that predate our decision in Wilson-have adopted similar rules, concluding that simple probable cause to search a home for narcotics always allows the police to forgo the knockand-announce requirement. At trial, the officers testified that they identified themselves as police while they were kicking the door in. 7 A number of States give magistrate judges the authority to issue "noknock" warrants if the officers demonstrate ahead of time a reasonable suspicion that entry without prior announcement will be appropriate in a particular context. of Oral Arg. 6We note that the attorneys general of 26 States, the Commonwealth of Puerto Rico, and the Territory of Guam filed an amicus brief taking the position that the officers' decision was reasonable under the specific facts of this case, but rejecting Wisconsin's per se rule. 24. The police requested a warrant that would have given advance authorization for a "no knock" entry into the hotel room, but the magistrate explicitly deleted those portions of the warrant. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. These actual circumstances--petitioner's apparent recognition of the officers combined with the easily disposable nature of the drugs--justified the officers' ultimate decision to enter without first announcing their presence and authority. Additionally, when police enter a residence without announcing their presence, the residents are not given any opportunity to prepare themselves for such an entry. First, the exception contains considerable overgeneralization that would impermissibly insulate from judicial review cases in which a drug investigation does not pose special risks. Stat., Tit. § 161.41(lm) (1991-92).

Co., 200 The defendant was a building company involved in a construction project which required the use of a crane.

With him on the brief was Stephen W Kleinmaier, Assistant Attorney General.

This showing is not high, but the police should be required to make it whenever the reasonableness of a no knock entry is challenged. U.S. 321, 337. that nothing in Wilson's acknowledgment that the knockand-announce rule was an element of the Fourth Amendment "reasonableness" requirement would prohibit application of a per se exception to that rule in a category of cases. In reaching this conclusion, the Wisconsin court found it reasonable-after considering criminal conduct surveys, newspaper articles, and other judicial opinions-to assume that all felony drug crimes will involve "an extremely high risk of serious if not deadly injury to the police as well as the potential for the disposal of drugs by the occupants prior to entry by the police." In so doing, it reaffirmed a pre-Wilson holding and concluded that Wilson did not preclude this per se rule. While agreeing with the outcome, Justice Abrahamson took issue with her colleagues' affirmation of the blanket exception to the knock and announce requirement in drug felony cases. They did not knock and announce prior to their entry. under which an unannounced entry is reasonable. Contacting Justia or any attorney through this site, via web form, email, or otherwise, does not create an attorney-client relationship.


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