The knock and announce rule says that police must announce their presence and purpose before executing a search warrant at a home. Then they must wait a reasonable amount of time before forcing their way in. The rule is meant to keep police from barging into homes unannounced.
This is also referred to as the knock and notice rule. It acknowledges the right of the people to know when police are entering their homes. And this right does not interfere with the police’s ability to conduct an effective investigation.
There are some exceptions to the rule under California search and seizure laws. The most important include:
Breaking the knock and announce rule can make a search or seizure illegal. Some state courts, including those in California, will exclude evidence found in violation of the rule.
To comply with the knock and announce rule, police officers have to:
They also have to inform the occupant that they have a search warrant or an arrest warrant. This can be done after the door is opened. It has to be done before the officers enter. 1
In California, courts have only required “substantial compliance” with these rules. 2 A minor violation of the knock-and-announce rule may not break it. In determining whether police substantially complied with the rule, courts look to whether they:
Police can only force their way inside (“forcible entry) once:
Evidence found from an unreasonable search may be excluded as evidence.
Police have to wait a reasonable amount of time before forcing their way inside. What a reasonable amount of time is will depend on the situation. Courts look to numerous factors, including:
Example: Police knock on the front door and comply with the announce requirement. They hear footsteps running away from the door. Even though they have only waited 4 or 5 seconds, they force their way inside. 5
If police know that no one is home, they do not have to knock and announce themselves.
If police knock on the door and announce themselves, but no one lets them in within a reasonable amount of time, they can force entry to execute the warrant. And they may break any outer or inner door. 6
There are several blanket exceptions to the knock and notice rule:
When one of these exceptions is in play, the police do not have to knock and announce their presence and purpose; in short, an unannounced entry may be legal.
When an occupant consents to the officers’ entry, they do not need to knock and announce themselves. This can happen if:
Example: James is on parole. He has agreed to the terms of his release. One of those terms is to consent to random police searches with a no-knock entry. 7
Police do not need to knock and announce themselves if they are searching a public place.
This exception usually applies to search warrants for stores. If the store is open to the public, police can enter without knocking.
Police do not need to knock and announce if there are exigent circumstances. This is the most common justification for searches that violate the rule. It covers situations where:
Courts may allow searches or arrests that violate the rule in these cases. They will look to all of the facts known to the police before their forced entry. 8
In California, courts can exclude evidence found in an illegal search or seizure. This includes searches or arrests where police did not comply with the knock and notice rule, where there was no valid warrant, or where there was no probable cause, among other reasons. 9
If police execute a warrant without knocking and announcing themselves, they perform an illegal search. If an exception does not apply, the court can throw out evidence they find from the illegal search. It will not be allowed into trial in the lower courts.
