Duhaime's Law Dictionary


Knock and Announce Rule Definition:

A standard requirement of police officers executing a search warrant that they first knock on the main entry door and announce the purpose of their attendance.

Related Terms: Search Warrant, Knock and Talk

knock and announceSee, also, the Legal Definition of Knock and Talk.

In State v Nunez, Justice of the Court of Appeals of Ohio adopted these words in reference to the execution of search warrants in Ohio:

"Exceptions exist, but the rule directs police officers executing a search warrant at a residence to first knock on the door, announce their purpose, and identify themselves before they forcibly enter the home....

"(The) judge or magistrate issuing a search warrant (may) waive the requirement only if he determines there is probable cause to believe that, if the law enforcement officers or other authorized individuals who execute the warrant are required to comply with the statutory precondition for nonconsensual entry, they will be subjected to a risk of serious physical harm. The search warrant in this case expressly authorized that the search could be conducted without delay, and for the safety of officers involved that they may be commanded to enter without prior audible or visual notice or alarm to the person or persons found therein."

In State v Oliver, Justice of the noted that the:

"Knock and announce rule ... predates the United States Constitution but is reflected in the Fourth Amendment...."

REFERENCES:

Categories & Topics:


Always looking up definitions? Save time with our search provider (modern browsers only)

If you find an error or omission in Duhaime's Law Dictionary, or if you have suggestion for a legal term, we'd love to hear from you!