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