FACTS:
Madison, Wisconsin natural law officers obtained a await warrant for Richards hotel agency because they had mistrust that he was committing the felony crime of self-possession with the intent to deliver a controlled substance. The police officers failed to pat and acclaim prior to entering the hotel mode where they ended up seizing drugs, they approached the hotel room claiming to be maintenance. one time Richards saw the police officers at the door, he tried to come together the door and the officers kicked it in.
The Wisconsin State Supreme Court expressed the examine that when you are executing a anticipate warrant in a felony drug investigation, thither is no knock and augur requirement. Richards sought to appeal the case and was granted certiorari.
ISSUE:
Did the police officers violate Richards 4th Amendment rights by failing to knock and announce before entering his hotel room to execute a search warrant?
ANALYSIS:
Richards was convicted in the Dane County Circuit Court of possession of cocaine base with intent to deliver. The Court of Appeals affirmed and Richards wanted another review. Certiorari was granted and Richardss case was send to the Wisconsin State Supreme Court.
Richards felt that his 4th Amendment rights were violated when the officers entered his hotel room on December 31, 1991 at approximately 3:40 a.m. because the officers failed to properly knock and announce themselves. The officers who entered did have a search warrant and had requested advance authorization to not knock prior to entering the room but the Magistrate that wrote the warrant by choice left that part out.
While the 4th Amendment does not concede for a blanket exception to the knock and announce rule, there are certain situations where a no knock meekness can apply. To justify the no knock entry, the officer moldiness have a reasonable suspicion that knocking and announcing his/her presence, in certain...If you want to get a full essay, order it on our website: Orderessay
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