Page 108 - Original 2020 Legal Guide By Jack Ryan
P. 108

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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