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Tuesday, May 10, 2011

Ind. Decisions - "Court: Police serving warrant may enter without knocking if circumstances justify it"

Dan Carden of the NWI Times has posted this story about today's Supreme Court rulings in Lacey and Wilkins. The story begins:

INDIANAPOLIS | The Indiana Supreme Court ruled Tuesday that police officers serving a warrant are not required to knock and announce themselves before entering a home if exigent circumstances justify it.

In a pair of 5-0 decisions, the court said it could not possibly list all of the reasons police may be justified in entering a home and serving a warrant without knocking.

In general, the court said if officers serving a warrant determine a suspect may escape, evidence may be destroyed, officer safety is impaired or have any legitimate reason to enter without knocking, they may do so.

"The reasonableness of a decision by police to enter without first knocking and announcing their presence must be evaluated in light of the totality of the circumstances at the time of such entry," wrote Justice Brent E. Dickson in the court's decisions.

Posted by Marcia Oddi on May 10, 2011 02:28 PM
Posted to Ind. Sup.Ct. Decisions