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Essay / Research Paper Abstract
A 3 page research/discussion paper that argues that police officers should not have to abide by the knock and announce rule when entering residence where they believe there is a dangerous felon or a drug offender. Bibliography lists 3 sources.
Page Count:
3 pages (~225 words per page)
File: D0_khkaar.rtf
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Unformatted sample text from the term paper:
The case of Wilson v. Arkansas in 1995, a unanimous Supreme Court ruling, held in this case that when police failed to knock and announce their presence, they violated the
defendants Fourth Amendment rights (Bulzomi). While, in general, the knock and announce rule holds for the vast majority of police situations, the courts have recognized three allowable exceptions (Bulzomi).
All three of these exceptions are applicable to cases that involve the intention to arrest a dangerous felon or drug offender. Therefore, it can be argued that law enforcement officers
should not have to knock and announce in these instances. The first of these exceptions is when there is the "apprehension of peril" (Bulzomi). This is when officers believe
that announcing their presence prior to entry into a dwelling would substantially increase the likelihood of either themselves or others sustaining injury (Bulzomi). According to a 1984 decision, US v.
McConney, the necessary conditions exist for ignoring the knock and announce rule when there is a "likelihood that the occupants (will) attempt to escape, resist, destroy evidence or harm someone
within" (Hopper 169). Case law shows that the courts have indicated that simply knowing a suspect has weapons is not sufficient rationale for forced entry. There must be indications
that the subject is violent or inclined to use the weapons (Bulsomi). However, in the vast majority of drug cases and in cases involving felons known to be dangerous, there
is a record of violent action. For example, the Supreme Court of Florida ruled that forced entry by police was justified because the suspect was believed to have used a
gun or knife in several rapes (Bulsomi). The second exception to the knock and announce rule is the "useless gesture" exception (Bulsomi). This applies when the occupants of a
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