Difference between revisions of "Search and Seizure"
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===Knock and Announce=== | ===Knock and Announce=== | ||
| − | *Wilson v. Arkansas | + | *'''Wilson v. Arkansas''' - Common law rule of knock and announce is an element of reasonableness under the Fourth Amendment. |
| − | *Richards v. Wisconsin | + | *'''Richards v. Wisconsin''' - - There is no a blanket exception to the knock/announce rule for felony drug investigations. In order to justify a no knock entry, police must have a reasonable suspicion that knocking and announcing their presence, under the particular circumstances would be dangerous or futile, or would inhibit the investigation of the crime, for example, by the destruction of evidence. |
| − | *United States v. Banks | + | *'''United States v. Banks''' - Although a close call, where officers know evidence may be destroyed, 15-20 seconds is not an unreasonable time to wait after knocking to break down the door. |
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===Vehicles, Drivers, Passengers=== | ===Vehicles, Drivers, Passengers=== | ||
*'''Chambers v. Maroney''' - When there would have been a permissible search at the time of arrest based on probable cause the search is still permissible at a later date if the vehicle has been seized. | *'''Chambers v. Maroney''' - When there would have been a permissible search at the time of arrest based on probable cause the search is still permissible at a later date if the vehicle has been seized. | ||
