The knock-and-announce rule requires police officers with search or arrest warrants to first knock, announce their presence and wait long enough for someone to answer the door before they enter.

Rule Requirements

In general, police satisfy the knock-and-announce rule if they announce they are police and state their purpose before entering. Specific words aren't needed. The rule is satisfied if the people inside understand it's the police and they want to come in.

How long must police wait before entry? There's no set time. Wait time must be reasonable, and it depends on the situation.

Fourth Amendment

The knock-and-announce rule comes from the Fourth Amendment, which protects against unreasonable searches and seizures. This rule is supposed to help protect this right.

Exceptions

The rule has some exceptions. Announcement isn't needed in all cases. Common exceptions include:

  • Emergencies, such as when police are in danger, or evidence might be destroyed 
  • When occupants already know the police are present

Reasonable Suspicion

For a "no-knock entry", the police need reasonable suspicion that knocking and announcing their presence would be dangerous, useless or would inhibit their investigation.

Use of Force

The police may use force only if they knocked and were refused entry or for an emergency.

Courts only look at the facts known to police when deciding if they waited long enough before using force. Courts look at cases from a reasonable police officer's viewpoint.

Courts are more likely to uphold short waits, between the knock and the use of force, when the search involves evidence that's easy to get rid of. For example, drugs and gambling receipts flushed down a toilet. However, there isn't a blanket exception to the knock-and-announce rule for general categories of criminal cases.

Questions for Your Attorney

  • Are police officers ever allowed to force their way into a house if they didn't follow the knock-and-announce rule?
  • Does the knock-and-announce rule apply if the officers don't have a warrant?
  • What's the effect on my case if the knock-and-announce rule wasn't followed?