Brownwood, TX asked in Criminal Law for Texas

Q: What is required for a police officer to break a door down to searve an arrest warrant?

Related Topics:
1 Lawyer Answer
Milan Marinkovich
Milan Marinkovich
  • Criminal Law Lawyer
  • The Woodlands, TX
  • Licensed in Texas

A: The "knock and announce" rule is part of the "reasonableness" inquiry under the 4th Amendment. In general, law enforcement officers must announce their presence (i.e."knock and announce") and provide the resident(s) with an opportunity to open the door. See: Martinez v. State, 220 S.W.3d 183 (Tex. App. Austin 2007).

Under certain circumstances however, the "knock and announce rule" would not apply if certain circumstances were present. For instance, if police officers believed that evidence would be destroyed, if advance notice were provided to the residents.

To justify a no-knock entry into the residence, the police must be able to articulate a "reasonable suspicion" that both knocking and announcing their presence would be dangerous or futile. See also: U.S. v. Ramirez, 523 U.S. 65, 118 S. Ct. 992, 140 L. Ed. 2d 191 (1998); Richards v. Wisconsin, 520 U.S. 385, 117 S. Ct. 1416, 137 L. Ed. 2d 615 (1997).

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.