United States v. Banks

The Supreme Court has held that how law enforcement officers go about their search must meet the Fourth Amendment’s reasonableness standard. See Wilson v. Arkansas. The length of time an officer must wait before using force to enter a home with a warrant is determined by the “totality of the circumstances.” The Court stated that it has “consistently eschewed bright-line rules, instead emphasizing the fact-specific nature of the reasonableness inquiry.” There is “no formula for determining reasonableness.”

The Court determined that, under the facts of this case, the officers’ actions of waiting fifteen to twenty seconds before using force was reasonable. The fact that the defendant was in the shower was unknown to the officers and, therefore, immaterial. It is the actions of the officers, based on their knowledge and inferences at the time that the Court examines for reasonableness. The Court noted that in this case the crucial timeframe is not the time it would have taken the defendant to open the door but rather the time it would have taken him to destroy the evidence. After fifteen to twenty seconds, an exigency existed and the officers were justified in using force to gain entry.

NOTE: This opinion does not state law enforcement officers must wait fifteen to twenty seconds before using force with a warrant. The Court’s opinion here is that, under these factors, fifteen to twenty seconds was enough time to wait before using force. A shorter amount of time could have been acceptable to the Court. In other circumstances, a longer period may be required