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Wilson v. Arkansas

Law Dictionary

Law Dictionary

Featuring Black's Law Dictionary 2nd Ed.
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Criminal Procedure keyed to Weinreb

Citation. Wilson v. Arkansas, 1975 U.S. LEXIS 3609, 423 U.S. 1017, 96 S. Ct. 451, 46 L. Ed. 2d 388 (U.S. Dec. 8, 1975)

Brief Fact Summary. When police officers entered Petitioner’s, Wilson (Petitioner), home to conduct a search and arrest the Petitioner, the police failed to first knock and announce their presence.

Synopsis of Rule of Law. Police officers must knock and announce their presence before executing a warrant, unless doing so would endanger them or lead to the destruction of evidence.

Facts. Pursuant to the proper warrants, police entered the Petitioner’s home, searched it, and arrested the Petitioner and her roommate. At trial, the Petitioner made a motion to invalidate the search because the police had not knocked and announced their presence. On appeal, the Arkansas Supreme Court held that police are not required to knock and announce their presence when executing a warrant.

Issue. Are police officers required to knock and announce their presence before executing a warrant?

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