What Is the Knock and Announce Rule in California?
If you or your loved one is the subject of a search warrant, you may be wondering what your rights are. Contrary to popular belief, police may not simply break into your residence even if they have a search warrant. Continue reading to learn what the knock and announce rule means in California, and contact our attorneys at Wallin & Klarich if you feel that your rights have been violated.
What Is the Knock and Announce Rule?
The knock and announce rule is intended to prevent law enforcement officers from infringing on individuals’ right to privacy. In California, if police officers come to your residence to execute a search warrant, they generally cannot immediately barge into your home by force. Rather, in order to comply with the knock and announce rule, the officers must:
- Knock on the door
- Announce their identity as police and their purpose
- Wait a reasonable amount of time
The length of time that police must wait before forcibly entering depends on the circumstances. Courts look at many factors to determine what a reasonable amount of time is, including the layout of the building, the time of day, and the suspected offense or evidence. After the door has been opened, the police must inform the suspect that they have a search warrant or an arrest warrant. If you refuse to open the door or if nobody answers after a reasonable amount of time has passed, the police may forcibly enter your residence.
What Are the Exceptions to the Rule?
It is important to note that there are exceptions to the knock and announce rule. Situations in which law enforcement officers do not need to knock and announce their presence include:
- If they know that nobody is home
- If you give consent for the police to enter your home before they knock
- If the search is in a public area
- If there are exigent circumstances such as the potential for physical violence or destruction of evidence
If none of these scenarios apply, police must always knock and announce their presence before forcing entry into your home.
What If Police Violate the Rule?
If police violate the knock and announce rule, any evidence obtained from the search must be excluded from trial. This is because if police execute a warrant without knocking and announcing themselves, they have performed an illegal search. In other words, any criminal evidence found during an unlawful search, including weapons or drugs, cannot be used against you in court.
So how do courts determine whether law enforcement has complied with the knock and announce rule? In California, courts require substantial compliance with the rule, meaning a minor violation may not be enough to break the rule. To determine whether officers complied with the rule, courts look to a number of factors, including whether the officers:
- Infringed on the individual’s privacy
- Increased the risk of physical violence
- Increased the risk of destruction of evidence
- Put themselves or others in danger
Contact Wallin & Klarich Today
If you have been subject to an unlawful search in California, contact Wallin & Klarich as soon as possible to see how we can help. At Wallin & Klarich, we seek to protect your rights against violations on your home, person, and property. With 40+ years of experience, our attorneys have helped thousands of clients in a wide range of cases, and we have the skills and resources to help you avoid hefty fines and jail time.
With offices in Orange County, Riverside, San Bernardino, Victorville, Torrance, West Covina, Los Angeles, and San Diego, you are sure to find an available and convenient attorney near you.
Discover how our team can assist you. Contact us today, toll-free at (877) 4-NO-JAIL or (877) 466-5245 for a free consultation with a skilled defense attorney.
