Page 109 - Original 2020 Legal Guide By Jack Ryan
P. 109
Task: How Long Must Officers Wait Following a Knock and Announce
United States v. Banks, 540 U.S. 31 (2003).
Following a knock and announce, officers may force entry in order to
prevent the occupants from destroying evidence. When forcing
entry for this purpose officers need not wait any longer than it would
take for an occupant to begin destroying the evidence. In a drug
case the Court found a 15-20 second wait for a response at the
door, prior to forcing entry, to be sufficient.
The Court noted that if officers are seeking a stolen piano, they may
have to wait longer since it would be more difficult to destroy such
an item. Thus the focus here is on the nature of the item sought.
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