Saturday, November 2, 2013

Wilson v. Arkansas case brief

Wilson v. Arkansas case brief summary
514 U.S. 927 (1995)

CASE SYNOPSIS
Defendant appealed a judgment of the Supreme Court of Arkansas that affirmed her conviction for delivery and possession of drugs, finding no authority for the theory that U.S. Constitutional Amendment IV required police officers to knock and announce themselves before entering a residence when executing a search warrant.

CASE FACTS

  • Defendant was convicted of delivery and possession of drugs after police officers, in executing a search warrant, entered through an unlocked screen door without first knocking or announcing their presence. 
  • The trial court denied defendant's motion to suppress the evidence seized during the search. 
  • The state supreme court affirmed defendant's conviction on appeal, finding no authority for the theory that the Fourth Amendment required police officers to knock and announce themselves before entering a residence when executing a search warrant. 
DISCUSSION
  • The United States Supreme Court reversed, holding that the common-law knock and announce principle formed a part of the Fourth Amendment reasonableness inquiry and a search or seizure of a dwelling might be constitutionally defective if police officers entered without prior announcement, and remanded the case to determine whether the unannounced entry was reasonable under the circumstances.

CONCLUSION

The court reversed the judgment and remanded for further proceedings.

Recommended Supplements for Criminal Procedure Criminal Procedure: Examples & Explanations, Sixth Edition
Emanuel Law Outline: Criminal Procedure

No comments:

Post a Comment

The Evolution of Legal Marketing: From Billboards to Digital Leads

https://www.pexels.com/photo/coworkers-talking-outside-4427818/ Over the last couple of decades, the face of legal marketing has changed a l...