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Article: Don't knock them until we try them: civil suits as a remedy for knock-and-announce violations after Hudson v. Michigan.
- Article from:
- Harvard Journal of Law & Public Policy
- Article date:
- September 22, 2006
- Author:
CopyrightCOPYRIGHT 2006 Harvard Society for Law and Public Policy, Inc. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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The sight of law enforcement officers knocking on a door and yelling "Police!" is more than just television drama. In fact, the idea that police should knock and announce their presence before entering is an ancient requirement that has its roots in the English common law. (1) The requirement was adopted at the time of this country's founding and has been more recently recognized as an "element of the Fourth Amendment reasonable test." (2) The Supreme Court has given content to the requirement by recognizing exceptions and outlining its parameters. (3) Until recently, however, the Court had not addressed the proper remedy for those situations in which officers do not ...