Knock and Announce Rule: Ask a Criminal Defense Lawyer
Knock and Announce when coming to your house? As a general rule, law enforcement has to knock and announce their authority and the purpose for their visit, prior to entering a dwelling to make an arrest or to execute a search warrant.
Exceptions: However, the Knock and Announce Rule is not mandatory in all scenarios where an exception is applicable, such as an imminent threat of a dangerous suspect.
Does Exclusionary Rule Apply:
This is a point of debate but there is some argument to be made depending on the violation of the Knock and Announce Rule and the egregious of the scenario. Consider Hudson v. Michigan, which essentially said that the exclusionary rule is inapplicable. Also consider State v. Cable, a 2010 Florida Supreme Court case that described the Knock and Announce Rule, it’s codification, and the exclusionary rule as an applicable remedy. In Sum, it appears the Exclusionary Rule may apply in certain contexts, but a careful case-by-case analysis is required by your attorney.
Can an Officer Break into the Building?
See 901.19, subsection (1) that states, “If a peace officer fails to gain admittance after she or he has announced her or his authority and purpose in order to make an arrest either by warrant or when authorized to make an arrest for a felony without a warrant, the office may use all necessary and reasonable force to enter any building or property where the person to be arrested is or is reasonably believed to be.”
If the officer have illegally entered your home without properly knocking and announcing their presence, you may have remedies that could save your rights. It’s important to consult with a criminal defense attorney who understands the nuances of the law, because it could mean the difference between the case being dropped and the case moving forward.