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- NOTICE: This opinion is subject to formal revision before publication in the
- preliminary print of the United States Reports. Readers are requested to
- notify the Reporter of Decisions, Supreme Court of the United States, Wash-
- ington, D.C. 20543, of any typographical or other formal errors, in order that
- corrections may be made before the preliminary print goes to press.
- SUPREME COURT OF THE UNITED STATES
- --------
- No. 94-5707
- --------
- SHARLENE WILSON, PETITIONER v. ARKANSAS
- on writ of certiorari to the supreme court of
- arkansas
- [May 22, 1995]
-
- Justice Thomas delivered the opinion of the Court.
- At the time of the framing, the common law of search
- and seizure recognized a law enforcement officer's
- authority to break open the doors of a dwelling, but
- generally indicated that he first ought to announce his
- presence and authority. In this case, we hold that this
- common-law -knock and announce- principle forms a
- part of the reasonableness inquiry under the Fourth
- Amendment.
-
- I
- During November and December 1992, petitioner
- Sharlene Wilson made a series of narcotics sales to an
- informant acting at the direction of the Arkansas State
- Police. In late November, the informant purchased
- marijuana and methamphetamine at the home that
- petitioner shared with Bryson Jacobs. On December 30,
- the informant telephoned petitioner at her home and
- arranged to meet her at a local store to buy some
- marijuana. According to testimony presented below,
- petitioner produced a semiautomatic pistol at this
- meeting and waved it in the informant's face, threaten-
- ing to kill her if she turned out to be working for the
- police. Petitioner then sold the informant a bag of
- marijuana.
- The next day, police officers applied for and obtained
- warrants to search petitioner's home and to arrest both
- petitioner and Jacobs. Affidavits filed in support of the
- warrants set forth the details of the narcotics transac-
- tions and stated that Jacobs had previously been
- convicted of arson and firebombing. The search was
- conducted later that afternoon. Police officers found the
- main door to petitioner's home open. While opening an
- unlocked screen door and entering the residence, they
- identified themselves as police officers and stated that
- they had a warrant. Once inside the home, the officers
- seized marijuana, methamphetamine, valium, narcotics
- paraphernalia, a gun, and ammunition. They also found
- petitioner in the bathroom, flushing marijuana down the
- toilet. Petitioner and Jacobs were arrested and charged
- with delivery of marijuana, delivery of methamphet-
- amine, possession of drug paraphernalia, and possession
- of marijuana.
- Before trial, petitioner filed a motion to suppress the
- evidence seized during the search. Petitioner asserted
- that the search was invalid on various grounds, includ-
- ing that the officers had failed to -knock and announce-
- before entering her home. The trial court summarily
- denied the suppression motion. After a jury trial,
- petitioner was convicted of all charges and sentenced to
- 32 years in prison.
- The Arkansas Supreme Court affirmed petitioner's
- conviction on appeal. 317 Ark. 548, 878 S. W. 2d 755
- (1994). The court noted that -the officers entered the
- home while they were identifying themselves,- but it
- rejected petitioner's argument that -the Fourth Amend-
- ment requires officers to knock and announce prior to
- entering the residence.- Id., at 553, 878 S. W. 2d, at
- 758 (emphasis added). Finding -no authority for
- [petitioner's] theory that the knock and announce princi-
- ple is required by the Fourth Amendment,- the court
- concluded that neither Arkansas law nor the Fourth
- Amendment required suppression of the evidence. Ibid.
- We granted certiorari to resolve the conflict among the
- lower courts as to whether the common-law knock-and-
- announce principle forms a part of the Fourth Amend-
- ment reasonableness inquiry. 513 U. S. ___ (1995). We
- hold that it does, and accordingly reverse and remand.
-
- II
- The Fourth Amendment to the Constitution protects
- -[t]he right of the people to be secure in their persons,
- houses, papers, and effects, against unreasonable
- searches and seizures.- In evaluating the scope of this
- right, we have looked to the traditional protections
- against unreasonable searches and seizures afforded by
- the common law at the time of the framing. See
- California v. Hodari D., 499 U. S. 621, 624 (1991);
- United States v. Watson, 423 U. S. 411, 418-420 (1976);
- Carroll v. United States, 267 U. S. 132, 149 (1925).
- -Although the underlying command of the Fourth
- Amendment is always that searches and seizures be
- reasonable,- New Jersey v. T. L. O., 469 U. S. 325, 337
- (1985), our effort to give content to this term may be
- guided by the meaning ascribed to it by the Framers of
- the Amendment. An examination of the common law of
- search and seizure leaves no doubt that the reason-
- ableness of a search of a dwelling may depend in part
- on whether law enforcement officers announced their
- presence and authority prior to entering.
- Although the common law generally protected a man's
- house as -his castle of defence and asylum,- 3 W.
- Blackstone, Commentaries *288 (hereinafter Blackstone),
- common-law courts long have held that -when the King
- is party, the sheriff (if the doors be not open) may break
- the party's house, either to arrest him, or to do other
- execution of the K[ing]'s process, if otherwise he cannot
- enter.- Semayne's Case, 5 Co. Rep. 91a, 91b, 77 Eng.
- Rep. 194, 195 (K. B. 1603). To this rule, however,
- common-law courts appended an important qualification:
- -But before he breaks it, he ought to signify the
- cause of his coming, and to make request to open
- doors . . . , for the law without a default in the
- owner abhors the destruction or breaking of any
- house (which is for the habitation and safety of
- man) by which great damage and inconvenience
- might ensue to the party, when no default is in him;
- for perhaps he did not know of the process, of
- which, if he had notice, it is to be presumed that he
- would obey it . . . .- Ibid., 77 Eng. Rep., at
- 195-196.
- See also Case of Richard Curtis, Fost. 135, 137, 168
- Eng. Rep. 67, 68 (Crown 1757) (-[N]o precise form of
- words is required in a case of this kind. It is sufficient
- that the party hath notice, that the officer cometh not
- as a mere trespasser, but claiming to act under a proper
- authority . . .-); Lee v. Gansell, Lofft 374, 381-382, 98
- Eng. Rep. 700, 705 (K. B. 1774) (-[A]s to the outer door,
- the law is now clearly taken- that it is privileged; but
- the door may be broken -when the due notification and
- demand has been made and refused-).
- Several prominent founding-era commentators agreed
- on this basic principle. According to Sir Matthew Hale,
- the -constant practice- at common law was that -the
- officer may break open the door, if he be sure the
- offender is there, if after acquainting them of the
- business, and demanding the prisoner, he refuses to
- open the door.- See 1 M. Hale, Pleas of the Crown
- *582. William Hawkins propounded a similar principle:
- -the law doth never allow- an officer to break open the
- door of a dwelling -but in cases of necessity,- that is,
- unless he -first signify to those in the house the cause
- of his coming, and request them to give him admit-
- tance.- 2 W. Hawkins, Pleas of the Crown, ch. 14, 1,
- p. 138 (6th ed. 1787). Sir William Blackstone stated
- simply that the sheriff may -justify breaking open doors,
- if the possession be not quietly delivered.- 3 Blackstone
- *412.
- The common-law knock-and-announce principle was
- woven quickly into the fabric of early American law.
- Most of the States that ratified the Fourth Amendment
- had enacted constitutional provisions or statutes gener-
- ally incorporating English common law, see, e.g., N. J.
- Const. of 1776, 22, in 5 Federal and State Constitu-
- tions 2598 (F. Thorpe ed. 1909) (-[T]he common law of
- England . . . shall still remain in force, until [it] shall
- be altered by a future law of the Legislature-); N. Y.
- Const. of 1777, Art. 35, in id., at 2635 (-[S]uch parts of
- the common law of England . . . as . . . did form the
- law of [New York on April 19, 1775] shall be and con-
- tinue the law of this State, subject to such alterations
- and provisions as the legislature of this State shall,
- from time to time, make concerning the same-); Ordi-
- nances of May 1776, ch. 5, 6, in 9 Statutes at Large of
- Virginia 127 (W. Hening ed. 1821) (-[T]he common law
- of England . . . shall be the rule of decision, and shall
- be considered as in full force, until the same shall be
- altered by the legislative power of this colony-), and a
- few States had enacted statutes specifically embracing
- the common-law view that the breaking of the door of a
- dwelling was permitted once admittance was refused,
- see, e.g., Act of Nov. 8, 1782, ch. 15, -6, in Acts and
- Laws of Massachusetts 193 (1782); Act of Apr. 13, 1782,
- ch. 39, 3, in 1 Laws of the State of New York 480
- (1886); Act of June 24, 1782, ch. 317, 18, in Acts of the
- General Assembly of New-Jersey (1784) (reprinted in
- The First Laws of the State of New Jersey 293-294 (J.
- Cushing comp. 1981)); Act of Dec. 23, 1780, ch. 925, 5,
- in 10 Statutes at Large of Pennsylvania 255 (J. Mitchell
- & H. Flanders comp. 1904). Early American courts
- similarly embraced the common-law knock-and-announce
- principle. See, e.g., Walker v. Fox, 32 Ky. 404, 405
- (1834); Burton v. Wilkinson, 18 Vt. 186, 189 (1846);
- Howe v. Butterfield, 58 Mass. 302, 305 (1849). See
- generally Blakey, The Rule of Announcement and Un-
- lawful Entry, 112 U. Pa. L. Rev. 499, 504-508 (1964)
- (collecting cases).
- Our own cases have acknowledged that the common-
- law principle of announcement is -embedded in Anglo-
- American law,- Miller v. United States, 357 U. S. 301,
- 313 (1958), but we have never squarely held that this
- principle is an element of the reasonableness inquiry
- under the Fourth Amendment. We now so hold. Giv-
- en the longstanding common-law endorsement of the
- practice of announcement, we have little doubt that the
- Framers of the Fourth Amendment thought that the
- method of an officer's entry into a dwelling was among
- the factors to be considered in assessing the reasonable-
- ness of a search or seizure. Contrary to the decision
- below, we hold that in some circumstances an officer's
- unannounced entry into a home might be unreasonable
- under the Fourth Amendment.
- This is not to say, of course, that every entry must be
- preceded by an announcement. The Fourth Amend-
- ment's flexible requirement of reasonableness should not
- be read to mandate a rigid rule of announcement that
- ignores countervailing law enforcement interests. As
- even petitioner concedes, the common-law principle of
- announcement was never stated as an inflexible rule
- requiring announcement under all circumstances. See
- Ker v. California, 374 U. S. 23, 38 (1963) (plurality
- opinion) (-[I]t has been recognized from the early com-
- mon law that . . . breaking is permissible in executing
- an arrest under certain circumstances-); see also, e.g.,
- White & Wiltsheire, 2 Rolle 137, ___, 81 Eng. Rep. 709,
- 710 (K. B. 1619) (upholding the sheriff's breaking of the
- door of the plaintiff's dwelling after the sheriff's bailiffs
- had been imprisoned in plaintiff's dwelling while they
- attempted an earlier execution of the seizure); Pugh v.
- Griffith, 7 Ad. & E. 827, 840-841, 112 Eng. Rep. 681,
- 686 (K. B. 1838) (holding that -the necessity of a de-
- mand . . . is obviated, because there was nobody on
- whom a demand could be made- and noting that White
- & Wiltsheire leaves open the possibility that there may
- be -other occasions where the outer door may be bro-
- ken- without prior demand).
- Indeed, at the time of the framing, the common-law
- admonition that an officer -ought to signify the cause of
- his coming,- Semayne's Case, 5 Co. Rep., at 91b, 77
- Eng. Rep., at 195, had not been extended conclusively to
- the context of felony arrests. See Blakey, supra, at 503
- (-The full scope of the application of the rule in criminal
- cases . . . was never judicially settled-); Launock v.
- Brown, 2 B. & Ald. 592, 593, 106 Eng. Rep. 482, 483
- (K. B. 1819) (-It is not at present necessary for us to
- decide how far, in the case of a person charged with
- felony, it would be necessary to make a previous de-
- mand of admittance before you could justify breaking
- open the outer door of his house-); W. Murfree, Law of
- Sheriffs and Other Ministerial Officers 1163, p. 631
- (1st ed. 1884) (-[A]lthough there has been some doubt
- on the question, the better opinion seems to be that, in
- cases of felony, no demand of admittance is necessary,
- especially as, in many cases, the delay incident to it
- would enable the prisoner to escape-). The common-law
- principle gradually was applied to cases involving felo-
- nies, but at the same time the courts continued to
- recognize that under certain circumstances the presump-
- tion in favor of announcement necessarily would give
- way to contrary considerations.
- Thus, because the common-law rule was justified in
- part by the belief that announcement generally would
- avoid -the destruction or breaking of any house . . . by
- which great damage and inconvenience might ensue,-
- Semayne's Case, supra, at 91b, 77 Eng. Rep., at 196,
- courts acknowledged that the presumption in favor of
- announcement would yield under circumstances present-
- ing a threat of physical violence. See, e.g., Read v.
- Case, 4 Conn. 166, 170 (1822) (plaintiff who -had re-
- solved . . . to resist even to the shedding of blood . . .
- was not within the reason and spirit of the rule requir-
- ing notice-); Mahomed v. The Queen, 4 Moore 239, 247,
- 13 Eng. Rep. 293, 296 (P. C. 1843) (-While he was
- firing pistols at them, were they to knock at the door,
- and to ask him to be pleased to open it for them? The
- law in its wisdom only requires this ceremony to be
- observed when it possibly may be attended with some
- advantage, and may render the breaking open of the
- outer door unnecessary-). Similarly, courts held that an
- officer may dispense with announcement in cases where
- a prisoner escapes from him and retreats to his dwell-
- ing. See, e.g., ibid.; Allen v. Martin, 10 Wend. 300, 304
- (N. Y. Sup. Ct. 1833). Proof of -demand and refusal-
- was deemed unnecessary in such cases because it would
- be a -senseless ceremony- to require an officer in pur-
- suit of a recently escaped arrestee to make an an-
- nouncement prior to breaking the door to retake him.
- Id., at 304. Finally, courts have indicated that unan-
- nounced entry may be justified where police officers
- have reason to believe that evidence would likely be
- destroyed if advance notice were given. See Ker, 374
- U. S., at 40-41 (plurality opinion); People v. Maddox, 46
- Cal. 2d 301, 305-306, 294 P. 2d 6, 9 (1956).
- We need not attempt a comprehensive catalog of the
- relevant countervailing factors here. For now, we leave
- to the lower courts the task of determining the circum-
- stances under which an unannounced entry is reason-
- able under the Fourth Amendment. We simply hold
- that although a search or seizure of a dwelling might be
- constitutionally defective if police officers enter without
- prior announcement, law enforcement interests may also
- establish the reasonableness of an unannounced entry.
-
- III
- Respondent contends that the judgment below should
- be affirmed because the unannounced entry in this case
- was justified for two reasons. First, respondent argues
- that police officers reasonably believed that a prior
- announcement would have placed them in peril, given
- their knowledge that petitioner had threatened a gov-
- ernment informant with a semiautomatic weapon and
- that Mr. Jacobs had previously been convicted of arson
- and firebombing. Second, respondent suggests that
- prior announcement would have produced an unreason-
- able risk that petitioner would destroy easily disposable
- narcotics evidence.
- These considerations may well provide the necessary
- justification for the unannounced entry in this case.
- Because the Arkansas Supreme Court did not address
- their sufficiency, however, we remand to allow the state
- courts to make any necessary findings of fact and to
- make the determination of reasonableness in the first
- instance. The judgment of the Arkansas Supreme Court
- is reversed, and the case is remanded for further pro-
- ceedings not inconsistent with this opinion.
-
- It is so ordered.
-