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CA4: 20 second wait after knock was constructive denial

By John Wesley Hall, Jr.

Officers waited 20 seconds after knocking and announcing their presence to enter on an arrest warrant, and 20 seconds was a constructive denial. There was no question as to the validity of the arrest warrant or the knowledge defendant was present. Hudson did not have to be applied. United States v. Young, 2010 U.S. App. LEXIS 13161 (4th Cir. June 28, 2010)*: 3 In Hudson v. Michigan, 547 U.S. 586, 594 (2006), the Supreme Court held that suppression is not an appropriate remedy for knock-and-announce violations occurring in the execution of search warrants. The government contends that Michigan applies to knock-and-announce violations arising from the execution of arrest warrants, see United States v. Pelletier, 469 F.3d 194, 201 (1st Cir. 2006) (concluding that Hudson applies in the context of an arrest warrant), while Young argues that there are different considerations present in arrest-warrant cases that counsel against an extension of Hudson...continue to full post

Full post as published by Fourth Amendment on June 29, 2010 (boomark / email).