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9 Louisiana opinions name it 2 courts 1998–2015 0 in the last five years
The cases below were cited by Louisiana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
State v. Miskellgreen2 sentences2015The determination of whether the circumstances “justify the extent of the noncompliance ’ with' the knock-and-announce requirement ⅛ determined by an analysis of the facts of each case.” State v. Miskell, 98-2146, p. 6 (La.10/19/99), 748 So.2d 409, 413 (citing Richards, 117 S.Ct. 1416 ). 2004Whether police officers had reasonable suspicion to justify noncompliance with the knock-and-announce requirement is determined by the facts of each case. [3] Id. *582 In State v. Miskell, 98-2146 (La.10/19/99), 748 So.2d 409 , the Louisiana Supreme Court upheld the district court's denial of a motion to suppress evidence finding the police officers' unannounced entry into defendant's home, by prying burglar bars off the home with a winch and kicking in the front door, was reasonable. | 1 | 3 |
United States v. George Jerry Ruminer and Ada Ruminergreen1 sentence2001United States v. Ruminer, 786 F.2d 381, 383 (10th Cir.1986) (citations omitted). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Richards v. Wisconsin
green
2 sentences2015The determination of whether the circumstances “justify the extent of the noncompliance ’ with' the knock-and-announce requirement ⅛ determined by an analysis of the facts of each case.” State v. Miskell, 98-2146, p. 6 (La.10/19/99), 748 So.2d 409, 413 (citing Richards, 117 S.Ct. 1416 ). 2011In Richards v. Wisconsin, 520 U.S. 385 , 117 S.Ct. 1416 , 137 L.Ed.2d 615 (1997), the supreme court held that an officer may dispense with the knock-and-announce requirement when “they have a reasonable suspicion that knocking and announcing their presence, under the particular circumstances, would be dangerous or futile, or that it would inhibit the effective investigation of the crime by, for example, allowing the destruction of evidence.” The requirement of an objection shall not apply to the court’s ruling on any written motion. | 8 | 1998–2015 |
Wilson v. Arkansas
green
2 sentences2002"The Fourth Amendment's flexible requirement of reasonableness should not be read to mandate a rigid rule of announcement that ignores countervailing law enforcement interests." Wilson, 514 U.S. at 934 , 115 S.Ct. at 1918 . 1999The Court left to the lower courts the task of determining which circumstances make an unannounced entry reasonable and implied that the knock-and-announce requirement could yield "under circumstances presenting a threat of physical violence," or "where police officers have reason to believe that evidence would likely be destroyed if advance notice were given." Id. | 2 | 1999–2002 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.