Manitowoc, WI asked in Criminal Law for Wisconsin

Q: If a knock and announce warrant was excuted without announcement is it still valid?

Related Topics:
1 Lawyer Answer
Brady R. Henderson
Brady R. Henderson
  • Criminal Law Lawyer
  • Milwaukee, WI
  • Licensed in Wisconsin

A: In practical terms, the failure of officers to "knock and announce" does not usually mean that evidence taken or discovered from serving the warrant can be suppressed or excluded. The US Supreme Court took up this question in a case called Hudson v. Michigan, 547 U.S. 586 (2006), and affirmed that with rare exceptions, a failure to knock and announce does not allow a court to throw out evidence seized.

However, there are definitely many circumstances in which a failure to knock and announce can be the basis of a tort or civil rights lawsuit, but this will usually be limited to damage or injuries resulting from the failure to knock and announce. For example, a law enforcement agency could be made to pay the cost of fixing damage to property such as a door, or the medical bills of a person injured because of the agency's failure to attempt to serve the warrant without force or violence.

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.