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."