NCJ Number
16840
Journal
Journal of California Law Enforcement Volume: 9 Issue: 3 Dated: (JANUARY 1975) Pages: 99-105
Date Published
1975
Length
7 pages
Annotation
A BRIEF HISTORY OF THE KNOCK AND NOTICE RULE PRECEDES A DISCUSSION OF PROPER PROCEDURES AND EXIGENCY CONSIDERATIONS.
Abstract
THE AUTHOR EXPLAINS THE PROCEDURES FOR STRICT FORMAL COMPLIANCE WITH THIS RULE WHICH ENTAIL IDENTIFYING ONE SELF AS A POLICE OFFICER, ANNOUNCING THE PURPOSE OF THE VISIT, DEMANDING ENTRY, AND THEN WAITING A REASONABLE TIME BEFORE ENTERING. COURT DECISIONS ARE DISCUSSED WHICH HAVE THE EFFECT OF MODIFYING THIS RULE. SUBSTANTIAL COMPLIANCE IS LEGAL UNDER CERTAIN CIRCUMSTANCES SUCH AS WHEN THE SUSPECTS ARE ENGAGED IN AN ILLEGAL ACTIVITY, WHEN THERE WOULD BE AN INCREASE IN PERIL IF FORMAL COMPLIANCE WERE CARRIED OUT, WHEN THE SUSPECTS MIGHT DESTROY EVIDENCE, AND IN EMERGENCY SITUATIONS SUCH AS WHEN A LIFE IS IN DANGER.