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Search and seizure of residence

Posted by John Rutkowski | Oct 28, 2017 | 0 Comments

Under circumstances, officers violated knock and announce statute when they breached front door of residence 15 to 20 seconds after they began knock and announce.

Officers had no reason to believe there were weapons in residence or that defendant was armed and dangerous the warrant was executed early in the morning, which all but ensured that entire family would be home and might still be asleep; and the officers had no reason to believe defendant knew they were coming or that anyone inside residence was at risk of harm; or that defendant or his family might try to escape or destroy evidence. Therefore, the trial court erred in denying motion to suppress.

About the Author

John Rutkowski

Mr. Rutkowski has been practicing law for the past twenty-three years. Prior to practicing law Mr. Rutkowski served twelve years as a deputy sheriff, retiring to attend law school. Starting his law-enforcement career as a patrol deputy which included two years on the DUI squad; Mr. Rutkowski moved up the ranks becoming a corporal in the field training program which give him the responsibility for training new recruits.


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