LEGAL

RESEARCH

Use of Force
- Generally
The Sixth Amendment Right to Counsel
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- Confrontation Clause
- Crime Specfific
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  - Maine v. Moulton
- Critical Stages - Lineups
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  - Gilbert v. California
- Critical Stages - Questioning
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The Fourth Amendment: What is a Search?
- Abandoned Property
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  - California v. Greenwood
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  - United States v. Verdugo-Urquidez
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  - Walter v. United States
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The Forth Amendment: What is a Seizure?
- Arrests-Arrest Warrants
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  - Atwater v. City of Lago Vista
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Search Warrants
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  - Lo-Ji Sales, Inc. v. New York
  - Connelly v. Georgia
- Probable Cause - Required
  - Winston v. Lee
  - Byars v. United States
- Serving the Warrant - Knock and Announce
- Serving the Warrant - Person at the Premises
- Serving the Warrant - Related Issues
- With Particularity
Search Warrant Exceptions - P.C. Not Needed
- Consent
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  - United States v. Flores-Montano
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- Origins

Serving the Warrant - Knock and Announce

Richards v. Wisconsin

Facts

Officers executed a drug search warrant at the defendant’s motel room. To gain entry, one officer hoped to fool the defendant by wearing a maintenance uniform. He knocked on the defendant’s hotel room door, which the defendant opened. When the defendant saw a uniformed officer in the hallway, he slammed the door shut. The officers immediately kicked the door open and apprehended the defendant, who was attempting to climb out the window. They found contraband in the room.

Issue

Whether the officers’ entry was in compliance with 18 U.S.C. § 3109?

Held

Yes. Officers are not required to announce their status and intentions with every warrant execution.

Discussion

The Court held that officers do not have to comply with 18 U.S.C. § 3109 requirements when they develop reason to suspect that doing so would be: (1) dangerous, (2) futile, or (3) allow for the destruction of evidence. The Supreme Court rejected the argument that all felony drug cases are inherently dangerous. However, in this case the Court found that the officers’ behavior was reasonable.

Citation

520 U.S. 385, 117 S. Ct. 1416 (1997)

LEGAL

Use of Force

Generally

The Sixth Amendment Right to Counsel

Attachment of Right

Confrontation Clause

Crime Specfific

Critical Stages - Lineups

Critical Stages - Questioning

Right to Counsel

The Fourth Amendment: What is a Search?

Abandoned Property

Applies to Government Activities Only

Foreign Searches

Generally

Open Fields & Curtilage

Private Intrusions

Reasonable Expectation of Privacy

Third Party Control

The Forth Amendment: What is a Seizure?

Arrests-Arrest Warrants

Arrests-Generally

Arrests-Premises

Arrests-Third Party Premises

Generally

Stops-Generally

Stops-Terry/Traffic Stops

The Fifth Amendment

Compelled

Due Process

Fourth Amendement Violations

Holder of the Privelege