Essay On Knock And Announce Rule

Unit 4 DB 1

Knock-and-announce rule

Introduction

Officers today have a hard enough job, so in order for them to comply with certain rules they need to make sure that any type of warrant that are being served is correct. They also need to make sure they do not just enter any type of building without any form of announcement. This paper will discuss the knock-and-announce rule, the exceptions to the rule, and provide the response of how they interpret and apply the knock-and-announce rule.

Explanation of the knock-and-announce rule

Within the creation of the common law, the knock-and-announce rule was born. This is a good thing for LEOs who have to issue warrants at some point and time. The rule lets LEOs, who have to execute a warrant, understand that they cannot just immediately force their way into a person’s residence, but instead, they must first knock; then announce themselves and their intent; wait for what they deem as a reasonable amount of time. According to Knock-and-Announce rule (n.d., para. 1) the Supreme Court, held that the knock-and-announce rule forms part of a judge's inquiry into the reasonableness of a search under the Fourth Amendment (Wilson v. Arkansas, 514 U.S.

Therefore, LEOs must make that extra effort not to let their adrenaline takeover, nor bend the rules just to enter a residence/premises, because the law is also there to protect them and their organization as well. So, they should not enter the resident’s home if you do not her a response to the knock and announce, and if no movement is detected, they should call it in, wait for advice, then if necessary, they can come back later, and knock and announce and serve the warrant. This way everyone’s rights are protected and not