Sacramento, CA asked in Criminal Law for California

Q: Is announcement from a bullhorn/ loudspeaker enough to count for “knock and notice” during warrant service?in ca

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: In California, the general rule is that before entering a residence to execute a search warrant, police officers must first knock, identify themselves as law enforcement officers, and announce their purpose. This is known as the "knock-and-announce" rule.

However, there are certain exceptions to this rule that allow for "no-knock" warrants or unannounced entry. The use of a bullhorn or loudspeaker to announce police presence and purpose from outside the residence is a bit of a gray area and would likely depend on the specific circumstances of the case.

Factors that may be considered include:

1. Whether the announcement was loud and clear enough to be heard inside the residence.

2. Whether the officers allowed sufficient time for the occupants to respond before entering.

3. Whether there were exigent circumstances that justified a departure from the standard knock-and-announce procedure (e.g., concerns about destruction of evidence or danger to the officers).

Ultimately, the admissibility of evidence obtained during the execution of a warrant where a bullhorn or loudspeaker was used for the announcement would be determined by the court on a case-by-case basis. If the court found that the use of the bullhorn was insufficient to satisfy the knock-and-announce requirement and there were no applicable exceptions, the evidence could potentially be excluded.

It's important to note that this is a complex area of law, and the specific facts of each case are crucial. For a definitive answer, it's best to consult with a California criminal defense attorney familiar with search and seizure laws.

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