Legal Commentary (From Crime to Court: Police Officer's Handbook, P 15-16, 1989, Joseph C. Coleman)

• NCJ Number: 120958
• Author(s): J C Coleman
• Date Published: 1989
• Length: 2 pages
• Sponsoring Agency: South Carolina Law Enforcement Training Council
• Corporate Author: South Carolina Criminal Justice Acad
• Publication Format: Document
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America
• Note: Crime to Court is a monthly continuing education television program for law enforcement officers produced by S.C. ETV in cooperation with the South Carolina Criminal Justice Academy.

Annotation

The knock-notice statute is part of the U.S. Code and applied only to Federal officers, but the knock-notice requirement derives from common law and applies to State officers as well.

Abstract

Knock without notice does not sufficiently comply with the requirement. Probable cause to believe a crime is on-going is necessary to justify warrantless entry, particularly into a domicile. In addition, police officers must be able to prove they did not have reasonable opportunity to obtain a warrant. However, knock-notice is not required during entries into vacant buildings or when police can prove it would have been a useless gesture. Knock-notice is required during searches with or without a warrant.