In a no-knock search warrant, can a search warrant be used to search a house without announcing its purpose?

"New York", United States of America

The following excerpt is from People v. Williams, 2006 NY Slip Op 51400(U) (N.Y. County Ct. 7/20/2006), 2006 NY Slip Op 51400(U) (N.Y. Cty. Ct. 2006):

Here, however, there was simply a knock and no announcement. While the 20 seconds or so that elapsed before the officers broke down the door was not unreasonable (see United States v. Banks, 540 US 31, 124 SCt 521, 157 LEd 2d 343 [2003]), there was no announcement of the officers' purpose in being there. It seems to this court that the failure to announce their purpose would rarely be justifiable when executing an arrest warrant. In executing a search warrant, the case is stronger for exigent circumstances; drugs can be flushed and records can be destroyed. Indeed, no-knock search warrants are frequently issued by this court for those reasons. An arrest warrant is executed only against an individual; it does not authorize a search of the premises except to search for the named person. In the instant case, there was no showing why the officers could not announce the reason for their presence when they knocked at the door. Thus, it initially appeared that the evidence seized for violating the knock-and-announce rule would have to be suppressed.

Other Questions


When a search warrant is issued, can the search warrant be used to search for a suspect who has been detained without a warrant? (MultiRegion, United States of America)
Does the government have to obtain a search warrant to search for evidence that the search warrant was obtained without a warrant? (MultiRegion, United States of America)
Is there any case law where a search warrant can be used to search a person's home without the search warrant being issued? (MultiRegion, United States of America)
In what circumstances will a search warrant be used to search a vehicle and a house in what circumstances was the search warrant issued? (MultiRegion, United States of America)
In a protective sweep, can a search warrant be used to search a person's home without a warrant? (MultiRegion, United States of America)
What is the test for obtaining a warrant to search a passenger's luggage without a search warrant? (MultiRegion, United States of America)
Under what circumstances will a search warrant be used to search a vehicle without a warrant? (MultiRegion, United States of America)
When can a police officer rely on a search warrant or a warrant issued by the Office of the Attorney General for the purpose of obtaining an administrative inspection warrant? (MultiRegion, United States of America)
What is the scope of a search warrant for a search of computers, computers, compact disks, hard drives, memory cards, and other digital devices pursuant to the search warrant? (MultiRegion, United States of America)
What is the test for a warrant to search a house without a warrant? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.