Sunday, January 13, 2019

Wilson v. Arkansas case brief

Wilson v. Arkansas case brief summary 

Facts:
The police entered through open door of Defendants house.
Police were working with an informant who was buying drugs from the defendant. They obtained a warrant to go into her house
They were in fear of danger because they knew she had a gun 

Holding:
The court held that police officers must "knock and announce" before entering a house to serve a warrant.

Analysis:
Knock and announce policy has been part of the procedure for a while
They did not give him the opportunity to surrender at the door
Even if they have the proper warrants they MUST KNOCK AND ANNOUNCE THEIR PRESENCE. 
Knock and announce for the dignity of the homeowner. Maybe he is undressed? You must execute the warrant properly!


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