How the law concerning search and seizure and no-knock warrants has evolved.
1604
The “castle doctrine” protects residents from unannounced government intrusion.
English Common Law — Semayne’s Case
1791
The U.S. Constitution bans “unreasonable searches.”
The Fourth Amendment
1914
The Supreme Court says evidence from illegal searches must be excluded from trials.
Weeks v. United States
1958
Prior notice is required before police can force entry.
Miller v. United States
1995
Police need not knock if there is risk of danger or destruction of evidence.
Wilson v. Arkansas
1997
Only “reasonable suspicion” of danger or evidence destruction is needed to force entry.
Richards v. Wisconsin
2003
Police can force entry 15 seconds after knocking.
U.S. v. Banks
2006
No suppression of evidence obtained from illegal searches.
Hudson v. Michigan
The quest for that sweet spot dates from the early 17th century and the “castle doctrine” of English common law, which protected residents from unannounced government intrusions. That ethos was enshrined in the United States Constitution in 1791 with the ratification of the Fourth Amendment, which prohibits “unreasonable searches and seizures” and requires that warrants be backed by probable cause.