Richards v. Wisconsin 520 U.S. 385, 117 S. Ct. 1416, 137 L. Ed.2d 615 (1997)
The police obtained a warrant
to search Richard's hotel room.
They specifically asked for
a no-knock warrant, but the
magistrate refused waive the knock-and-announce requirement.
The police arrived at
Richard's hotel room dressed as maintenance men, claiming to be hotel
employees. Richards suspected they were police and refused to let them
in. They broke down the door and found drugs in the hotel room. Richards
was arrested for drug possession.
The Trial Court convicted
Richards for drug possession. He appealed.
Richards argued that the
search was invalid because the police did not satisfy the knock-and-announce requirement.
The knock-and-announce requirement says that the police must
announce their presence and wait a reasonable amount of time for the
homeowner to open the door before breaking it down.
The Trial Court found that
Richards' suspicious behavior when the police arrived made it reasonable
for the police to conclude he might try to destroy evidence. Therefore
they were not bound by the knock-and-announce requirement.
The Wisconsin Supreme Court
upheld the conviction. Richards appealed.
The Wisconsin Supreme Court
found that it was reasonable to assume that in all drug-related crimes
there was a high risk that evidence might be destroyed or that someone
might attack the police. Therefore they suggested a blanket exception the
police were not bound by the knock-and-announce requirement when investigating drug-related
crimes.
The US Supreme Court upheld
the conviction.
The US Supreme Court
rejected the Wisconsin Supreme Court's blanket exception and found that
the courts should decide each case separately, according to the facts of
that particular case.
The three exceptions to the
knock-and-announce requirement
are when the police suspect that evidence might be destroyed, that
someone might be endangered, or that it is futile to knock because no
one is home.
There is a slippery slope
that once categories of crimes are exempt from the requirement, them
more categories will also be found to be exempt, and soon there is
nothing left of knock-and-announce.
In this case, the Court
found that it was reasonable to believe that Richards might destroy
evidence. Therefore the search was valid, even though they did not knock-and-announce.
Even though the magistrate
didn't sign off on the no-knock
warrant, Richard's actions at the door were sufficient to allow the
police to make an instantaneous judgment call to dispense with the knock-and-announce requirement.