(DOWNLOAD) "Don't Knock Them Until We Try Them: Civil Suits As a Remedy for Knock-And-Announce Violations After Hudson V. Michigan." by Harvard Journal of Law & Public Policy # Book PDF Kindle ePub Free

August 25, 2021

eBook details

Title: Don't Knock Them Until We Try Them: Civil Suits As a Remedy for Knock-And-Announce Violations After Hudson V. Michigan.
Author : Harvard Journal of Law & Public Policy
Release Date : January 22, 2006
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 279 KB

Description

The sight of law enforcement officers knocking on a door and yelling "Police!" is more than just television drama. In fact, the idea that police should knock and announce their presence before entering is an ancient requirement that has its roots in the English common law. (1) The requirement was adopted at the time of this country's founding and has been more recently recognized as an "element of the Fourth Amendment reasonable test." (2) The Supreme Court has given content to the requirement by recognizing exceptions and outlining its parameters. (3) Until recently, however, the Court had not addressed the proper remedy for those situations in which officers do not properly knock and announce their presence. The Supreme Court ended its silence on the matter in its decision last Term in Hudson v. Michigan. (4) Police obtained a warrant to search the home of the defendant, Booker T. Hudson. (5) Officers went to the home to execute the warrant and announced their presence; after waiting "three to five seconds," they entered the home where they found drugs and a firearm. (6) Prosecutors brought state law charges against Hudson for drug and firearm offenses. (7) Hudson moved to suppress the evidence seized inside his home, claiming that his Fourth Amendment rights had been violated by the officers' failure to wait the constitutionally required time before entering his home. (8) The state trial court granted the motion. (9)