Page 108 - North Carolina 2020 Legal Guide

Task: Forced Entry into a Dwelling

Wilson v. Arkansas, 514 U.S. 927 (1995).

Before forcing entry into a dwelling based on a warrant or exigent
circumstances, officer must knock and announce their presence and purpose
before such forced entry (such forced entry would include walking in an
unlocked door unannounced) is made unless:

• The officer’s purpose is already known to the occupant.

• When the personal safety of the officer or others would be jeopardized by the
announcement.

• When the delay caused by the announcement may enable the suspect to
escape.

• When a prisoner has escaped and retreated to his home.
• When the announcement may cause evidence to be destroyed.

Note: Where warrant is sought and “no-knock” is anticipated, outline the reasons
from the list above in the warrant application.

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