|
|
 |
|
|
|
|
|
|
|
 |
Page 28 of 33 |
Free Case Evaluation Now! »
|
Can the cops break down my door to enter my home? |
 |
Yes and no. This area is called the “Knock and Announce” rules. The general rule is that the police officers must announce their authority and purpose in executing a search warrant. Implied in this general rule is that a suspect should be given a reasonable amount of time to come to the door before the police barge in. This purpose of this rule is to allow people an opportunity to respond so that violence can be averted and privacy protected.
On the other hand, the mere failure of the police to announce their purpose does not necessarily violate the Constitution; although, it may be a factor later on as to whether the search was reasonable. Furthermore, the courts have excused the knock and announce rule in drug raids where the officers know the suspect may have large dogs, a security system or a method of disposing drugs down a toilet. These examples may be considered “exigent circumstances”, relaxing the rule to knock and announce.
(Updated December 5, 2007) |
| « View All General Criminal Law Questions Pages |
Next Page » |
|
« Free Case Review |
|
|
|
|
 |
|
|
|
|
State Law Center | Legal Links | Site Map | Privacy Policy | Media | About Us | Contact Us