Issue- Whether it was reasonable under the 4th amendment for the officers to enter a home without a warrant.
Rule- Knock and Announce rule law enforcement has to knock and announce that they are police and wait a reasonable amount of time, usually seconds, before entering place before they search. (Wilson v Arkansas)
Analysis- Probable cause(pc) is when an officer in light of his training and experience reasonably believes that a crime has been committed and the person arrested committed it. Totality of the circumstances (TOC) allows the court to decide if what the officer knew during the arrest can help their belief that the suspect committed the crime. The officers had probable cause that Janay’s life was in danger when they heard her screaming and her eagerness to let them …show more content…
In order to obtain a warrant one must have a neutral magistrate to determine if there is pc before suspects are arrested. A sworn affidavit to show that the facts lead to pc. And the name of the person getting arrested to satisfy the particularity requirement so the defendant can be identified with reasonable certainty. Officers don’t have to get warrants in homes as if it is an emergency. In this case, once Ray declared that he was going to kill Janay. This can be considered as an exigent circumstance which is when officers immediately take action in order to make an arrest. In Brigham City, Utah v Charles Stuart, the court believed that under exigent circumstances, police should be allowed to enter a suspect’s home without a warrant. This established imminent danger as one of these circumstances. In Wilson v Arkansas, the knock and announce rule was used because the plantiff’s home was searched without letting him know it was the police. From then on, it is a requirement for police to do this with exceptions from Taylor.
Rule- Knock and Announce rule law enforcement has to knock and announce that they are police and wait a reasonable amount of time, usually seconds, before entering place before they search. (Wilson v Arkansas)
Analysis- Probable cause(pc) is when an officer in light of his training and experience reasonably believes that a crime has been committed and the person arrested committed it. Totality of the circumstances (TOC) allows the court to decide if what the officer knew during the arrest can help their belief that the suspect committed the crime. The officers had probable cause that Janay’s life was in danger when they heard her screaming and her eagerness to let them …show more content…
In order to obtain a warrant one must have a neutral magistrate to determine if there is pc before suspects are arrested. A sworn affidavit to show that the facts lead to pc. And the name of the person getting arrested to satisfy the particularity requirement so the defendant can be identified with reasonable certainty. Officers don’t have to get warrants in homes as if it is an emergency. In this case, once Ray declared that he was going to kill Janay. This can be considered as an exigent circumstance which is when officers immediately take action in order to make an arrest. In Brigham City, Utah v Charles Stuart, the court believed that under exigent circumstances, police should be allowed to enter a suspect’s home without a warrant. This established imminent danger as one of these circumstances. In Wilson v Arkansas, the knock and announce rule was used because the plantiff’s home was searched without letting him know it was the police. From then on, it is a requirement for police to do this with exceptions from Taylor.