NCJ Number
46018
Journal
LEGAL POINTS Issue: 85 Dated: (1978)
Date Published
1978
Length
4 pages
Annotation
THE PLACES PROTECTED BY THE FOURTH AMENDMENT, THE EFFECT OF THE SEARCH WARRANT, THE 'KNOCK AND ANNOUNCE RULE,' EXCEPTIONS TO THE WARRANT REQUIREMENT, AND THE CONDUCT OF OFFICERS IN MAKING ENTRIES ARE THE TOPICS DISCUSSED.
Abstract
IT IS NOTED THAT THE COURTS HAVE BEEN LIBERAL IN INTERPRETING THE FOURTH AMENDMENT'S APPLICATION TO PRIVATE PREMISES, INDICATING THAT PRIVACY GUARANTEES EXTEND TO ANY FACILITY USED AS A DWELLING PLACE, TOGETHER WITH ANY STRUCTURES LOGICALLY ASSOCIATED WITH THAT FACILITY. BUSINESS ESTABLISHMENTS, ON THE OTHER HAND, HAVE NOT BEEN GIVEN BY THE COURTS THE SAME FREEDOM FROM ENTRY APPLIED TO PRIVATE PREMISES, ALTHOUGH THEY CANNOT BE ENTERED OR SEARCHED WITH IMPUNITY. WHILE THE PURPOSE OF THE SEARCH WARRANT IS THE SAME IN ALL STATES - TO MAKE THE ENTRY AND SEARCH OF PRIVATE PREMISES LAWFUL -- THE MANNER IN WHICH ENTRY IS EFFECTED BY MEANS OF A WARRANT VARIES FROM STATE TO STATE. THE SO-CALLED 'KNOCK AND ANNOUNCE RULE,' REQUIRING THAT POLICE OFFICERS KNOCK AUDIBLY AND ANNOUNCE TO ANY OCCUPANTS THEIR IDENTITY AND PURPOSE BEFORE MAKING AN ENTRY INTO PRIVATE PREMISES, IS A RULE THAT IN SOME JURISDICTIONS IS IMPOSED BY STATUTE AND IN OTHERS IS MANDATED BY THE COURTS. WHILE THE APPLICATION OF THE RULE VARIES SOMEWHAT FROM STATE TO STATE, IT NONETHELESS HAS CONSIDERABLE VITALITY IN MOST JURISDICTIONS. IT IS NOTED THAT ONLY IN VERY LIMITED CIRCUMSTANCES MAY LAW ENFORCEMENT OFFICERS ENTER A PERSON'S HOME WITHOUT A WARRANT. VOLUNTARY CONSENT FOR ENTRY AND SEARCH AFTER HAVING BEEN NOTIFIED OF THE RIGHT TO REFUSE ENTRY AND ENTRIES CONNECTED WITH ARREST ACTIONS ARE THE MOST PREVALENT EXCEPTIONS TO THE WARRANT REQUIREMENT. THE COURTS HAVE CONTINUALLY MEASURED POLICE ACTION, WITH OR WITHOUT A SEARCH WARRANT, BY STRICT STANDARDS FOR RESPECTING A PERSON'S RIGHT TO FREEDOM FROM UNREASONABLE LAW ENFORCEMENT INTRUSION INTO HIS LIVING SPACE. CASE EXAMPLES ARE INCLUDED. (RCB)