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Knock-and-announce, in United States law criminal procedure, is an ancient common-law principle, incorporated into the Fourth Amendment,〔''Wilson v. Arkansas'', 514 U.S. 927 (1995); ''Richards v. Wisconsin'', 520 U.S. 385 (1997)〕 which often requires law enforcement officers to announce their presence and provide residents with an opportunity to open the door prior to a valid Fourth-Amendment search. The rule is currently codified in the United States Code,〔18 U.S.C. § 3109〕 which governs Fourth-Amendment searches conducted by the federal government. Most states have similarly codified the rule into their own statutes,〔''See, e.g., Washington Code Annotated'' 10.31.040〕 and remain free to interpret or augment the rule and its consequences in any fashion that remains consistent with Fourth-Amendment principles.〔''U.S. v. Scroggins'', 361 F.3rd 1075 (8th Cir. 2004)〕 A state's knock-and-announce rule will govern searches by state actors pursuant state-issued warrant, assuming that Federal actors are not extensively involved in the search. == The rule == In 1995, the United States Supreme Court ruled in Wilson v. Arkansas that a knock-and-announce before entry was a ''factor'' that must be considered in reviewing the overall constitutionality of a Fourth-Amendment search.〔514 U.S. 927 (1995)〕 After several state attempts to exclude specific categories (e.g. drug crimes) from the knock-and-announce rule based on blanket "factoring", the Supreme Court in ''Richards v. Wisconsin'' prohibited the policy, and demanded a return to a case-by-case review scenario.〔520 U.S. 385 (1997)〕 The ''Richards'' Court suggested that the knock and announce rule could be dispensed with only in certain circumstances, for example where police have reasonable suspicion that an exigent circumstance exists. The Court read its earlier ''Wilson'' opinion to suggest that such circumstances might include: *Circumstances that present a threat of physical violence *There is "reason to believe that evidence would likely be destroyed if advance notice were given" *Knocking and announcing would be dangerous or "futile" *''However'', the Court expressly stated that whether or not reasonable suspicion exists depends in no way on whether police must destroy property in order to enter.〔''U.S. v. Ramireèz'', 523 U.S. 65 (1998).〕 In a similar manner, where officers reasonably believe that exigent circumstances, such as the destruction of evidence or danger to officers will exist, a "no-knock" warrant may be issued.〔''See, e.g., U.S. v. Segura-Baltazar 448 F.3rd 1281'', (11th Cir. 2006)〕 However, despite police awareness that such future exigencies will exist, they are generally not required to seek a "no-knock" warrant;〔''See, e.g., U.S. v. Musa'', 401 F.3d 1208 (10th Cir. 2005)〕 in this case, police must have an objectively reasonable belief, at the time of executing the warrant, that such circumstances do in fact exist.〔''U.S. v. Maden'', 64 F.3rd 1505 (10th Cir. 1995)〕 The Supreme Court has given some guidance as to how long officers must wait after knocking and announcing their presence before entry may be made. In ''U.S. v. Banks'',〔540 U.S. 31 (2003)〕 the Supreme Court found 15 to 20 seconds to be a reasonable wait time where officers received no response after knocking and where officers feared the home occupant may be destroying the drug evidence targeted by the search warrant. As with most other things in the Fourth Amendment arena, the Court left reasonableness of the time period to be determined based on the totality of the circumstances;〔''U.S. v. Jenkins'', 175 F.3d 1208, 1213 (10th Cir. 1999) (stating the Supreme Court has not established a clear cut standard to determine the amount of time officers must wait).〕 and thus inferior Federal courts have found even shorter time periods to be reasonable.〔''See, e.g., U.S. v. Cline'', 349 F.3d 1276 (10th Cir. 2003)〕 Some different factors have been propounded by lower courts to guide the analysis of a reasonable wait period.〔''U.S. v. Chavez-Miranda'', 306 F.3rd 973 (9th Cir. 2002)〕 A few examples are: *the size, design, and layout of the premises *the time of day the search is being executed *the nature of the suspected offense (in particular, does it involve evidence easily destroyed? Is the suspect dangerous?) *the evidence demonstrating guilt. Federal courts also recognize that consent may vitiate part or all of the rule. For example, where officers knock, but before announcement are invited in, they no longer need to announce.〔''U.S. v. Hatfield'', 365 F.3d 332 (4th Cir. 2004)〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Knock-and-announce」の詳細全文を読む スポンサード リンク
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