Forcible Entry, Pt 2 - Knock And Notice

n n [Music] [Music] what you say hansome it's This Place apartment house over there apartment 207 upstairs you've been on a level of us before better be giving a straight bu on this one look man this Carter is well known he does good work I was over there just a couple of days ago they had a whole pile of phony papers right out on the kitchen table passports credit cards licenses anything you want he's got will you please Michael quiet Tove to another apartment again look Michael give me the gun come on now the move here made your mother very tired okay here read this comic Book for a while [Applause] okay hey Mike why don't we go down this way all right police offic open up stay where you are kid where's your parents Jerry somebody f it in police officers where's Carter Carter there's no Carter here what do you want you're under arrest Carter what do you want look my name's not watch it he's got a gun no it's only Michael no oh God what are you doing my god what have you done we're just some dinner today what have the oh [Music] God it the guy wasn't even real it wasn't even [Music] [Music] real my God boy what have we done I'll call an amb [Music] [Applause] working robbery detail he Thomas yeah the tip I got on that liquor store heist is Frank Gusty I hearing may have a gun and I wanted some backup here's the [Applause] address okay hop in [Applause] wow you scared me weren't you expecting us to early m- were you able to get some steaks oh honey at these prices and you know the meat didn't even look good a too bad thanks a lot you seem so L okay dear you're really looking good these days Betty watch out for him I [Music] will please offer lady BR Gusty in there Franky has a gun [Music] the tragic event you have just seen could probably have been avoided it is not surprising that the common law has from the earliest days in England drastically limited the authority of the king's officers and now police officers to force entry into a private dwelling the common law policy of knock and notice can be traced back to Medieval Times and has been codified in federal statutes as well as the majority of states the rule typically provides that when police officers have reason to enter a dwelling to affect an arrest or execute a search warrant they must first identify themselves as police officers second demand admittance and third explain their purpose only after their demand for admittance is refused by action or inaction may they forcibly enter heard [Applause] police officers open up we have a warrant for your arrest for burglary as one Court said few actions are as likely to evoke violent response from householders as unannounced entry by a person whose identity and purpose are unknown to them yes officer now we have a warrant for the rift of rol and Agy yeah I'm AG what's the problem you're under arrest put your hands up there good your legs gr up the announcement rules are based on the individual's right to privacy and the policy of avoiding violent confrontations to minimize harm to officers and citizens any evidence seized in violation of the announcement rules may be held inadmissible and if the occupant is not reasonably aware that the person breaking in is an officer because the officer did not announce himself the occupant may have the right to resist whether or not he has committed a crime the previous episodes have dramatized the policy behind knock and notice statutes the following vignettes will dramatize the law of knock and notice situations where the offices are excused from compliance with the knocka notice rules will be taken up in part two of the show entitled excuse and trickery hey what's happening did you get a hold of anything yet or is the heat still on listen all I want is a couple of bags myself half a piece it's a little out of my line tonight how much is half half half a piece 250 yeah that's a little out of my line at this uh present time Hey listen you couldn't give me a couple of balloons huh yeah I dig it man you you don't want to bust it up hey look well I got a friend he might be interested in buying a half a piece I don't know if you know him a guy named sunny yeah he was looking for some stuff but you I don't know if he wants it or not yeah yeah well I'll have to go talk to him now and remember I just want a couple of bags for myself okay I'll get back with you in a little while you'll be home okay I'll let you know what happens we bought it and my deal with you guys better go through don't worry the DA's condition was that you produce and you produced Stanton send some really bad stuff on the street well what's the plan what do he say well Stanton told him that he's got half an ounce he'll get rid of for 2 and A2 Kane says he has his friend Sunny that might want to buy it went down just like we planned Kane gets some money from Sunny to make the buy then we move in well Kane's got to make contact with Stanton again before you over there right yeah we'll wait an hour then you call Stanton again you tell him that sun is interested and that you will make the buy for we'll wait in the parking lot around the corner from Stanton's Place Jim can you get the money right away yeah just tell me how much we'll need I'll go get it now okay before you give him the money don't forget to do a skin search right here it is what' you see inside you just saw him and his old lady she was smoking dope that's about it I mean he had everything ready for me when I was there so I don't know if there's anything else anybody else inside like I told you man I just saw him and his old lady they're in the living room I don't know if there's anybody else the majority of States including California require that officers knock announce that identity and state their purpose prior to forcing entry but what if you face unusual circumstances for instance what would you do in the following situation what's going on they've got to be in there it's unlocked see anybody no come on Are the officers required to comply with the knock and notice requirements even though the door is unlocked yes the opening of a closed but unlocked door constitutes a breaking or a forced entry and therefore officers are required to announce their identity and purpose before entering since the officers did not do so here this entry is illegal but let's change the circumstances see anything n come on open screen door what if the door is open but a screen door blocks the entry must the officers comply with the noot rules even though they can see inside yes the opening of a closed screen door is considered a forced entry officers must knock identify themselves and state the purpose for their presence we can't just walk in here you know that hey look we just walked in the living room sat down take a peek police officers G us for the sales of Narcotics is this an illegal entry no even though the officer opened the screen door before announcing their identity in purpose their entry was nothing more than a technical breaking this is because the occupants of the house were informed of the officer's identity and purpose while they were still at the door the officers did not invade their privacy because of the screen door alone does not suggest a desire for privacy neither was the risk of violence increased as to any party what about this situation can the officers walk right in or are they still required to knock and announce their identity and purpose before entering I don't hear anybody do you no let's go in maybe you can catch him hey wait a second man we just can't go Trot in we got to knock first why not must the officers comply with the knock and announcement rules yes even though the officers would not be committing a breaking by walking through the open door according to the common law this unannounced entry would be illegal today in California and many other states remember these rules were designed to preserve privacy and prevent violent confrontations the potential for violence here would be the same whether the police entered unannounced through an open or through a closed door now another variation how you want to handle this no problem I've already talked to the landlord of this place he gave me a key he said we can go right on in May the officers enter unannounced through the use of a pass key no a non-consensual entry by means of a pass key is a forced entry within the meaning of the announcement rules therefore officers must knock and announced their presence and purpose prior to such a breaking open up police officers we're here to make an arrest for narcotic sales open up maybe he's not inside maybe he's not home he's got to be king just left him I'll try the door have the officers complied with the entry requirements now yes they knocked announced their identity as police officers and their purpose for seeking entry to make an arrest for narcotic sales if an officer complies with the announcement rules but receives no response after waiting for a reasonable time he may then generally force entry to make his arrest or execute his search warrant however in order to justify forcing entry to make an arrest the officer must have a reasonable belief that the suspect is present he must be able to point to specific facts which indicate this the officers here did have a reasonable belief that the man they came to arrest was within the house since a Narcotics transaction between the suspect and the informant had just taken place inside the house the knock and announcement rules apply to Outer doors and windows of a dwelling do they apply to Inner doors as well yes recent cases in California suggest that officers must knock and announce their identity and purpose before forcing entry into any outer or inner door the expectation of privacy the courts say and the prospect of violence are equally great for an outer or inner door who is it stay put you're in arrest since the officers entered after the woman opened the door was their entry lawful no the officers could not reasonably assume that by opening the door slightly and asking who is it the woman thereby gave them been sent to enter while the officers did knock they failed to announce their Authority such an announcement is still required even though the officers are in uniform the courts have held that the mere fact that officers are wearing police uniforms is not enough to provide the occupants of the house with notice of their Authority finally the officers did not state their purpose for demanding entry consider the next case come on in the door's open well you heard the lady May the officers enter the house without announcing their Authority and purpose yes by being told to come in after knocking they were given consent to enter because they have consent the Knockin announcement rules do not apply a consensual entry cannot be considered an invasion of privacy there's still one more area we should mention but let's review the facts of our situation first Caine an informant working with the police arranged to buy some heroin from a man by the name of Stanton the officer supplied Cain with the purchase money and waited for him around the corner from Stanton's house when Cain returned with the heroin the officers went to Stanton's house to arrest him police officers open up open up police officers think we're going to have to kick it Roy it's locked pleas catch your ass up on your head okay SL up officers did not fully comply with in noan announcement rules before deciding to force entry into the house because they did not explain their purpose does that make their entry illegal it depends if officers knock and announce their Authority as policemen and if the circumstances explain their presence a forced entry without a statement asked to purpose May nevertheless be lawful here the officer knocked announced their Authority by stating police officers but failed to State their purpose however was the purpose for their presence obvious the courts say that where an offense has just occurred inside a dwelling for example a Narcotics transaction the occupants are reasonably expected to know the purpose of a police visit in this case therefore the officer's forced entry was lawful before forcing entry to make an arrest or execute a search warrant officers must first demand admittance identify them eles as police officers and explain the purpose for demanding admittance even if officers comply with these rules and receive no response they may not force entry to make an arrest unless they reasonably believe that the person to be arrested is inside these rules apply even if the door is unlocked open or the officers have a pass key inner doors as well as outer doors also come under the announcement rules if the occupant consents to the officer's entry after they knock officers need not comply with these rules however consent to enter cannot be given in advance by someone not in the dwelling at the time entry is desired but note it is doubtful whether a trespasser in a house would be protected by knock and notice statutes if an absent householder gave police his consent to enter the house if officers only knock and announce their Authority without explaining their purpose is a subsequent forced entry lawful yes but only if the occupants are reasonably expected to not the purpose of the police visit finally officers should note that the knocka notice rules must be followed even where the person to be arrested or served is a probationer or paroi [Music]