Sunday, May 17, 2009

Wilson v. Arkansas, 514 U.S. 927 (1995)

Facts

Wilson made a series of narcotics sales to police informant.  The police applied for, and were granted, a search and arrest warrant.  Officers arrived, finding the main door open but the screen door closed.  Officers entered, then identified themselves and that they had a warrant.

Procedural History

Wilson moved to suppress the evidence seized from the search and the trial court denied the motion.  The Arkansas Supreme court affirmed.

Issue(s)

Did the Arkansas Supreme Court err in finding that the knock and announce principle is not required by the Fourth Amendment?

Holding(s)

Yes.

Reasoning/Analysis

The Court found that the knock and announce principle is deeply rooted in the common law and given the longstanding common-law endorsement, we have little doubt that the Framers of the Fourth Amendment thought that the method of an officer’s entry into a dwelling was among the  factors to be considered in assessing the reasonableness of a search or seizure.

Judgment/Outcome

The Court reversed and remanded the judgment of the Arkansas Supreme Court.

No comments:

Post a Comment