Legal Definitions - knock and announce

The term knock and announce refers to a legal principle requiring law enforcement officers to knock on the door of a private residence and clearly state their identity and purpose before entering, even if they possess a valid search or arrest warrant.

This rule is rooted in the Fourth Amendment of the U.S. Constitution, which protects against unreasonable searches and seizures. The purpose of the knock and announce rule is multifaceted:

• To protect the privacy of occupants by giving them a chance to prepare for the officers' entry.
• To prevent potential violence that could arise if occupants mistake unannounced entry for an unlawful intrusion.
• To allow occupants to voluntarily open the door, thereby avoiding property damage.
• To give occupants an opportunity to surrender peacefully.

Officers must wait a reasonable amount of time after knocking and announcing before forcing entry. What constitutes a "reasonable time" depends on the specific circumstances, such as the size of the residence or the perceived urgency of the situation. There are limited exceptions to this rule, such as when officers have a reasonable belief that announcing their presence would endanger them, lead to the destruction of evidence, or allow a suspect to escape.

Here are some examples illustrating the application of the knock and announce rule:

• Example 1: Executing a Search Warrant for Narcotics

  Police officers obtain a warrant to search a house suspected of being used for drug manufacturing. Upon arriving at the residence, two officers walk to the front door and knock loudly several times. One officer then clearly shouts, "Police! We have a search warrant!" They wait approximately 15-20 seconds, listening for any movement inside, before using a battering ram to force open the door and enter the premises.

  This example demonstrates the knock and announce rule because the officers first knocked and then explicitly stated both their identity ("Police!") and their purpose ("We have a search warrant!") before making a forced entry. They also waited a reasonable period, allowing occupants an opportunity to respond.

• Example 2: Serving an Arrest Warrant at an Apartment

  Detectives have an arrest warrant for a suspect believed to be hiding in a specific apartment unit. They approach the apartment door, knock firmly, and announce in a clear voice, "Law enforcement! We have an arrest warrant for John Smith!" They pause for about 10 seconds, and when they hear no response and the door remains closed, they use a key provided by the building manager to unlock and enter the apartment.

  Here, the officers followed the knock and announce rule by knocking and clearly identifying themselves and their specific purpose (an arrest warrant for a named individual). Their brief wait before entering, even with a key, respects the occupants' privacy and the principle of the rule.

• Example 3: Recovering Stolen Property from a Garage

  Officers receive a warrant to search a detached garage on a residential property where stolen tools are believed to be stored. Before attempting to open the garage door, they first knock on the main residence's front door and announce, "Police Department! We have a search warrant for the property!" After a brief wait, and hearing no response from the main house, they then proceed to the garage, knock on its door, and repeat their announcement before opening it with a master key.

  This scenario illustrates the knock and announce rule applying to different parts of a private property. The officers announced their presence and purpose at the primary dwelling and then again at the specific structure to be searched, ensuring that any occupants of the residence were informed before entry was made into any part of their private domain.