POLICE Logo
MenuMENU
SearchSEARCH

Knock Notice After Hudson

Never mind the headlines and the editorials proclaiming that the Supreme Court did away with the knock-and-announce requirement for execution of search warrants in the recent case of Hudson v. Michigan. The court did no such thing.

August 1, 2006
6 min to read


Never mind the headlines and the editorials proclaiming that the Supreme Court did away with the knock-and-announce requirement for execution of search warrants in the recent case of Hudson v. Michigan. The court did no such thing. What the opinion did away with was the Fourth Amendment exclusionary rule for knock-notice violations.

It's still a violation of the Fourth Amendment not to comply with knock-notice in those cases where compliance is not excused by exigent circumstances. It's just that an occupant of the premises can no longer invoke the federal exclusionary rule to suppress evidence taken under the warrant, just because officers didn't knock and announce or wait long enough before entering.

Ad Loading...

Hudson is the fifth significant knock-notice decision from the High Court in the last 11 years, beginning with Wilson v. Arkansas.

Wilson v. Arkansas

Before 1995, it was assumed by most state and federal courts that a forcible entry to serve a search warrant, without a prior statement of identity and purpose and a demand for admittance, would violate the Fourth Amendment. In Wilson, the Supreme Court confirmed that assumption: "The reasonableness of a search of a dwelling may depend in part on whether law enforcement officers announced their presence and authority prior to entering. We hold that in some circumstances an officer's unannounced entry into a home might be unreasonable under the Fourth Amendment."

In a footnote, the court declined to decide whether evidence should be suppressed because of police officers' failure to comply with knock-notice rules. However, the court did say that no-knock entry would be reasonable where immediate entry was necessary to prevent escape, reduce safety risks, or prevent the destruction of the evidence being sought.

As a result of the ruling in Wilson, all state and federal law enforcement agencies that did not already have them were compelled to adopt and follow policies requiring officers to knock or give notice of their presence, identify themselves, state their purpose and authority, and wait a reasonable time to be admitted before breaking in.

Ad Loading...

A typical announcement might take this form: [Knock, knock] "Police with a search warrant! Open up!" This announcement and demand would typically be repeated several times while waiting for the door to open. Depending on such factors as the nature of the evidence and suspected crime, size of the residence, time of day, and indications of activity within, officers might wait from 15 seconds to several minutes before breaking a door or window to get inside.

Richards v. Wisconsin

In the case following Wilson, the Supreme Court held that knock-notice could not be excused for an entire category of crimes, whether drug sales, robbery, murder, or any other crime. Each case would have to be decided based on its own peculiar facts.

But the court did say in Richards that the Fourth Amendment would permit magistrates to issue no-knock warrants if the affidavit in support of the warrant established reasonable suspicion (not probable cause) to believe that knocking and announcing would endanger officers, allow escape, or permit the destruction of evidence. And further, a magistrate's refusal to authorize a no-knock entry would not preclude officers from making an independent assessment of dangers at the time of entry that would justify dispensing with knock-notice.

U.S. v. Ramirez

Ad Loading...

Next came a fairly straightforward decision overturning the Ninth Circuit Court of Appeals, which had held that a forcible entry must be justified with greater exigencies if it results in property damage. The Ninth Circuit had ordered suppression of evidence where officers seeking an armed and dangerous prison escapee broke a window during entry into a place where he was believed to reside.

Unanimously reversing the Ninth Circuit, the U.S. Supreme Court said whether or not officers could be excused from knocking and announcing "depends in no way on whether police must destroy property in order to enter."

Once again, the court noted in a footnote that there was no need to decide whether evidence should be suppressed for knock-notice violations.

U.S. v. Banks

Again unanimously reversing the Ninth Circuit, the U.S. Supreme Court said that waiting 15 to 20 seconds before forcible entry to serve a narcotics warrant in mid-afternoon was a reasonable delay. The court pointed out that drugs are easily destructible, and 15 to 20 seconds might be plenty of time for a suspect to run to the toilet to flush the drugs while officers waited patiently outside his door, demanding admittance.

Ad Loading...

In its order suppressing Banks' drugs, the Ninth Circuit had created a list of eight factors for officers to consider before forcing entry, and another list of four categories of entries for courts to examine. The Supreme Court openly ridiculed this unworkable "scheme" of "pigeonholes" for analyzing knock-notice issues, stressing that each case should be considered on its own facts.

Hudson v. Michigan

Police officers with a warrant to search Booker Hudson's home for drugs and firearms announced their presence at the door, but waited only three to five seconds before opening the door and walking inside. Hudson moved to suppress the evidence found during the search, and the state courts denied his motion. On appeal to the U.S. Supreme Court, Hudson argued that the premature entry violated his Fourth Amendment rights under Wilson, and that he was entitled to suppression of the evidence under the exclusionary rule.

By a 5-4 vote, the Supreme Court upheld the Michigan ruling denying suppression, and affirmed Hudson's conviction. The majority opinion assumed, as the state had apparently conceded, that the officers' brief delay after announcing their presence and authority was inadequate under the rulings in Wilson and Banks. But pointing out that it had specifically declined to define the remedy for knock-notice violations in Wilson, the court held that the remedy of exclusion of evidence was too drastic, considering the nature of the violation and the connection between knock-notice and discovery of evidence.

The court said, "Suppression of evidence...has always been our last resort, not our first impulse. The exclusionary rule generates 'substantial social costs' which sometimes include setting the guilty free and the dangerous at large."

Ad Loading...

In this case, said the court, the evidence was obtained under a valid search warrant, which would have been served and would have revealed the evidence, even if the officers had waited longer before entering. The evidence was therefore the result of a warranted search, not an unlawful entry.

The court also considered the availability of other means of deterring police errors with respect to knock-notice requirements, and found them to be sufficient without resort to the exclusionary rule. For example, officers and their agencies may be held civilly liable for damages and attorney's fees for knock-notice violations. Also, police internal discipline and increased professionalism provide checks against abuses. Therefore, "Resort to the massive remedy of suppressing evidence of guilt is unjustified."

After Hudson

The Fourth Amendment still requires that search warrants be executed in a reasonable manner, including knock-notice (if not excused). Officers should continue to abide by applicable knock-notice rules. But courts which apply U.S. Supreme Court rulings in determining admissibility of evidence should no longer invoke the exclusionary rule to suppress evidence seized under lawful warrants, merely because of knock-notice violations.

Devallis Rutledge, a former police officer and veteran prosecutor, is Special Counsel to the Los Angeles County District Attorney.

Ad Loading...
Subscribe to our newsletter

More Patrol

image of men on bicycles and women competing in martial arts and a log for the US Police & Fire Championships
PatrolDecember 10, 2025

Police & Fire Championships Expands Athlete Eligibility

The US Police & Fire Championships is now open to all employees – sworn, civilian, administrative, technical, and support staff – who work directly for an eligible public safety agency.

Read More →
Thumbnail for video series POLICE Topics, Tactic & TIps against a black background and an illuminated police car light bar. Headline for Tips for Watching the Hands
Sponsoredby Wayne ParhamDecember 5, 2025

Tips for Watching the Hands

How can officers better “watch the hands”? Mike Willis, Law Enforcement National Training and Program Director for the US Deputy Sheriff's Association, shares some tips.

Read More →
Thumbnail for video series POLICE Topics, Tactics & Tips with yellow headline 10 Tips for Felony/High-Risk Stops.
Sponsoredby Wayne ParhamDecember 3, 2025

10 Tips for Felony/High-Risk Stops

What steps can officers take to stay safer during felony or high-risk vehicle stops? Here are 10 tips from Mike Willis, Law Enforcement National Training and Program Director for the US Deputy Sheriff's Association.

Read More →
Ad Loading...
Screenshot of compute screen showing a blurred license plate compared to an image where the image has been enhanced to show the numbers and letters.
Patrolby Edited by StaffNovember 25, 2025

Amped Highlights Power Behind Amped FIVE Software

Amped FIVE empowers you to advance your investigations with confidence and precision, from the crime scene all the way to the courtroom.

Read More →
Background orange tinted image of southern California with pushpin marking Burbank. Headline reads K-9 Killed by Gunman, Burbank Police Department
PatrolNovember 24, 2025

Police K-9 Killed, Suspect Dies in Shootout with Cops

A Burbank Police Department K-9 was fatally shot over the weekend by a passenger who fled on foot from a traffic stop. The armed suspect was killed in a shootout with officers.

Read More →
Thumbnail image with blue and red police lights against a black background, large POLICE logo, headline for From the Show Floor: InVeris
Patrolby Wayne ParhamNovember 23, 2025

From the Show Floor: InVeris

In this video, learn about how InVeris provides training to law enforcement, including customized augmented reality scenarios. The augmented reality system can scan up to 10,000 square feet of real-life environments and create a curriculum based on those spaces.

Read More →
Ad Loading...
Thumbnail image for video series POLICE From the Show Floor featuring Polaris Government & Defense.
Patrolby Wayne ParhamNovember 19, 2025

From the Show Floor: Polaris Government & Defense

Learn about Polaris Government & Defense in this video as POLICE visits their show booth to discover their side-by-sides and the advantages they provide for agencies.

Read More →
2026 ford police brochure
SponsoredNovember 17, 2025

2026 Ford Pro™ Police & Special Service Vehicles Guide is Available for Download

Ford Pro™ meets the needs of law-enforcement agencies

Read More →
black background width image of police lights in middle and headline Dashcam Video Officers rescue Man from Burning Car
PatrolNovember 17, 2025

Dashcam Video Shows Officers Rescue Man from Burning Car

Dashcam video released by a New Jersey police department shows two of its officers rescuing an unconscious man from a burning car after a crash.

Read More →
Ad Loading...
blue background with image of a red dot sight and also second image of the red dot on a handgun lower right
PatrolNovember 17, 2025

Aimpoint COA optic + A-CUT Named Red Dot of the Year

The Aimpoint COA optic + A-CUT system has been named Red Dot of the Year by Guns & Ammo magazine. The new optic system was introduced in January 2025.

Read More →