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Article: The demise of the knock-and-announce rule: Hudson v. Michigan.
- Article from:
- Jones Law Review
- Article date:
- September 22, 2006
- Author:
CopyrightCOPYRIGHT 2006 Thomas Goode Jones School of Law. 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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INTRODUCTION
In Hudson v. Michigan, the Supreme Court held that the exclusionary rule does not necessarily apply to evidence seized pursuant to a search warrant executed in violation of the knock-and-announce requirement. (1) Briefly, government agents must announce their authority before entering a dwelling to execute a search warrant. (2) This holding is contrary to the Court's previous rulings applying the exclusionary rule in cases involving violations of the knock-and-announce requirement absent exigent circumstances. (3)
The Court's ruling in Hudson raises two critical issues. First, the decision raises the issue of whether the exclusion of ...