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- NOTE: Where it is feasible, a syllabus (headnote) will be released, as is
- being done in connection with this case, at the time the opinion is issued.
- The syllabus constitutes no part of the opinion of the Court but has been
- prepared by the Reporter of Decisions for the convenience of the reader.
- See United States v. Detroit Lumber Co., 200 U. S. 321, 337.
-
- SUPREME COURT OF THE UNITED STATES
-
- Syllabus
-
- WILSON v. ARKANSAS
- certiorari to the supreme court of arkansas
- No. 94-5707. Argued March 28, 1995-Decided May 22, 1995
-
- Petitioner was convicted on state-law drug charges after the Arkansas
- trial court denied her evidence-suppression motion, in which she
- asserted that the search of her home was invalid because, inter alia,
- the police had violated the common-law principle requiring them to
- announce their presence and authority before entering. The State
- Supreme Court affirmed, rejecting petitioner's argument that the
- common-law ``knock and announce'' principle is required by the
- Fourth Amendment.
- Held: The common-law knock-and-announce principle forms a part of
- the Fourth Amendment reasonableness inquiry. Pp. 3-10.
- (a) An officer's unannounced entry into a home might, in some
- circumstances, be unreasonable under the Amendment. In evaluat-
- ing the scope of the constitutional right to be secure in one's house,
- this Court has looked to the traditional protections against unrea-
- sonable searches and seizures afforded by the common law at the
- time of the framing. Given the longstanding common-law endorse-
- ment of the practice of announcement, and the wealth of founding-
- era commentaries, constitutional provisions, statutes, and cases
- espousing or supporting the knock-and-announce principle, this
- Court has little doubt that the Amendment's Framers thought that
- whether officers announced their presence and authority before
- entering a dwelling was among the factors to be considered in
- assessing a search's reasonableness. Nevertheless, the common-law
- principle was never stated as an inflexible rule requiring an-
- nouncement under all circumstances. Countervailing law enforce-
- ment interests-including, e.g., the threat of physical harm to police,
- the fact that an officer is pursuing a recently escaped arrestee, and
- the existence of reason to believe that evidence would likely be
- destroyed if advance notice were given-may establish the reason-
- ableness of an unannounced entry. For now, this Court leaves to
- the lower courts the task of determining such relevant countervail-
- ing factors. Pp. 7-9.
- (c) Respondent's asserted reasons for affirming the judgment
- below-that the police reasonably believed that a prior announce-
- ment would have placed them in peril and would have produced an
- unreasonable risk that petitioner would destroy easily disposable
- narcotics evidence-may well provide the necessary justification for
- the unannounced entry in this case. The case is remanded to allow
- the state courts to make the reasonableness determination in the
- first instance. P. 10.
- 317 Ark. 548, 878 S. W. 2d 755, reversed and remanded.
- Thomas, J., delivered the opinion for a unanimous Court.
-