5 5-9. U.S. 1, 30 dangerous or futile, or that it would inhibit the effective investigation See, e.g., 725 Ill. Comp. 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. common law requirement that police knock on a dwelling's door and announce 514 overgeneralization that would impermissibly insulate from judicial review Thus, the fact that felony drug investigations may frequently present circumstances warranting a no-knock entry cannot remove from the neutral scrutiny of a reviewing court the reasonableness of the police decision not to knock and announce in a particular case. App. If a per se exception were allowed for each criminal Begin typing to search, use arrow keys to navigate, use enter to select. They also found cash and cocaine hidden in plastic bags above the bathroom ceiling tiles. as Amici Curiae 10-11, Brief for Wayne County, Michigan, as Amicus Curiae 39-46, in Wilson v. Arkansas, O. T. 1994, No. by Fred E. Inbau, Wayne W Schmidt, James P. Manak, Richard M. Weintraub, and Bernard J. Farber. The trial court denied the motion, concluding that the officers could gather from Richards' strange behavior when they first sought entry that he knew they were police officers and that he might try to destroy evidence or to escape. The State Supreme Court affirmed, concluding that Wilson did not preclude the court's pre-Wilson per se rule that police officers are never required to knock and announce when executing a search warrant in a felony drug investigation because of the special circumstances of today's drug culture. 24. Footnote 3 This standard strikes the appropriate balance between the legitimate law enforcement concerns at issue in the execution of search warrants and the individual privacy interests affected by no knock entries. 1. First, the exception contains considerable overgeneralization. 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. § 77-23-210 (1995). On December 31, 1991, police officers in Madison, Wisconsin, obtained a warrant to search Steiney Richards' motel room for drugs and related paraphernalia. Creating exceptions to the requirement based on the culture surrounding a general category of criminal behavior presents at. 201 Wis. 2d, at 852, 549 N. W. 2d, at 221. Pp.391-395. Assuming these facts, the court proceeded to consider whether our decision in Wilson required the court to abandon its decision in State v. Stevens, 181 Wis. 2d 410, 511 N. W. 2d 591 (1994), cert. For example, a search could be conducted at a time when the only individuals present in a residence have no connection with the drug activity and thus will be unlikely to threaten officers or destroy evidence. All rights reserved. We agree with the trial court, and with Justice Abrahamson, that the circumstances in this case show that the officers had a reasonable suspicion that Richards might destroy evidence if given further opportunity to do so. No. Pp. NOTICE: In Wilson v. Arkansas, 514 U. S. 927 (1995), we held that the Fourth Amendment incorporates the common-law requirement that police officers entering a dwelling must knock on the door and announce their identity and purpose before attempting forcible entry. 5707, p. 11, and amici supporting the petitioner also presented arguments against a categorical rule. ] A number of States give magistrate judges the authority to issue "no knock" warrants if the officers demonstrate ahead of time a reasonable suspicion that entry without prior announcement will be appropriate in a particular context. Stat., Tit. This standard strikes the appropriate balance between the The purpose of the Fourth Amendment's requirement of reasonableness "is to preserve that degree of respect for the privacy of persons and the inviolability of their property that existed when the provision was adopted-even if a later, less virtuous age should become accustomed to considering all sorts of intrusion 'reasonable.''' As we observed in Wilson v. Arkansas, 514 U. S. 927, 930-932 (1995), the common law recognized that individuals should be provided the opportunity to comply with the law and to avoid the destruction of property occasioned by a forcible entry. Mar 24, 1997. Decided by Rehnquist Court . Brief for American Civil Liberties Union et al. Stay up-to-date with FindLaw's newsletter for legal professionals. The officer who knocked on Richards' door was dressed, and identified himself, as a maintenance man. [ The officer who knocked on Richards' door was dressed, and identified himself, as a maintenance man. Richards v. Wilson, Misc. Dkt. Of course. of Oral Arg. Footnote 1 id., at 934, and left it to the lower courts to determine the circumstances The trial court denied the motion, concluding that the officers could gather from Richards' strange behavior when they first sought entry that he knew they were police officers and that he might try to destroy evidence or to escape.

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