Don't the Police Have to Knock Before They Enter My House?
Up until recently, a police officer had to knock and announce his or her presence and wait a reasonable amount of time before forcibly entering a home when serving a search warrant. In June of 2006, the Supreme Court of the United States overruled this common law "knock and announce" rule. With this ruling, the Court now allows police officers to forcibly enter a home and conduct a search without announcing their presence or waiting for any period of time.
Doesn't the Constitution Protect Me From Unreasonable Searches?Generally the Fourth Amendment protects you from unreasonable searches by the police. However, this Supreme Court ruling makes unannounced searches reasonable under the Fourth. While unannounced searches conducted pursuant to a valid search warrant are constitutional, the Fourth Amendment still protects you from unreasonable searches in many other ways.
Can Evidence Found During Unannounced Searches be Used Against Me at Trial?Yes. This ruling prevents you from invoking the exclusionary rule which prohibits evidence found in during an unconstitutional search from being used at trial. Because an unannounced search done pursuant to a valid search warrant is now constitutional, evidence found may be presented and used against you.
Do I Have Any Rights or Remedies if The Police Forcibly Enter My Home and Conduct A Search Unannounced?Yes. While the Supreme Court has declared that the exclusionary rule may not be invoked to suppress evidence, they do allow you to sue the police under a civil rights or due process claim. Suing the police, however, will not be a defense against the evidence seized during the search.
Additionally, the Fourth Amendment protects you from any other part of the search that may have been conducted illegally. See illegal searches.
Do I Need a Lawyer if The Police Conduct an Unannounced Search of My Home?Yes. If the police conduct an unannounced search of your home based on a valid search warrant, you will likely need a criminal defense attorney to defend you from any charges that may stem from the search. A defense attorney can also help you seek to suppress evidence if you feel that any other part of the search violated your Fourth Amendment rights. Your attorney will also be able to help you sue the police if you feel that your civil rights were violated. |
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