knock and announce rule (Virginia) · Go Syfert
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knock and announce rule in Virginia

8 Virginia opinions name it 4 courts 1989–2007 0 in the last five years

The cases below were cited by Virginia 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.

Followed or applied (4)

CaseFollowedCited
Johnson v. Commonwealthgreen
va · 1972 · cited in 5 Virginia opinions naming this issue, 1989–2001
2 sentences

1995The knock and announce rule *326 “should be evaluated in the light of modern technology and the nature of illegal drug traffic in which small, easily disposable quantities of drugs can yield large profits.” Johnson, 213 Va. at 105 , 189 S.E.2d at 680 .

1995The knock and announce rule *326 “should be evaluated in the light of modern technology and the nature of illegal drug traffic in which small, easily disposable quantities of drugs can yield large profits.” Johnson, 213 Va. at 105 , 189 S.E.2d at 680 .

25
Richards v. Wisconsingreen
scotus · 1997 · cited in 2 Virginia opinions naming this issue, 1999–2000
2 sentences

2000See Richards v. Wisconsin, 520 U.S. 385 , 117 S.Ct. 1416 , 137 L.Ed.2d 615 (1997).

1999In Richards, the United States Supreme Court rejected a "blanket exception" to the knock and announce requirement in cases where drugs are the target of the search, stating "it is the duty of a court confronted with the question to determine whether the facts and circumstances of the particular entry justified dispensing with the knock-and-announce requirement." Richards, 520 U.S. at 394 .

12
Hudson v. Michigangreen
scotus · 2006 · cited in 1 Virginia opinions naming this issue, 2007–2007
1 sentence

2007In Perry v. Commonwealth, 49 Va. App. 65 , 636 S.E.2d 891 (2006), we explicitly held that “the remedy for [a violation of the knock and announce rule] is not the suppression of the evidence recovered from appellant’s residence.” Perry, 49 Va. App. at 67 , 636 S.E.2d at 893 (citing Hudson v. Michigan, 126 S. Ct. 2159, 2165 (2006)).

11
Gladden v. Commonwealthgreen
vactapp · 1991 · cited in 1 Virginia opinions naming this issue, 2001–2001
1 sentence

2001Gladden v. Commonwealth, 11 Va. App. 595, 599 (1991), citing Johnson v. Commonwealth, 213 Va. 102, 104 (1992).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Immanuel Cyprus Perry v. Commonwealth neutral
vactapp · 2006
2 sentences

2007In Perry v. Commonwealth, 49 Va. App. 65 , 636 S.E.2d 891 (2006), we explicitly held that “the remedy for [a violation of the knock and announce rule] is not the suppression of the evidence recovered from appellant’s residence.” Perry, 49 Va. App. at 67 , 636 S.E.2d at 893 (citing Hudson v. Michigan, 126 S. Ct. 2159, 2165 (2006)).

2007In Perry v. Commonwealth, 49 Va. App. 65 , 636 S.E.2d 891 (2006), we explicitly held that “the remedy for [a violation of the knock and announce rule] is not the suppression of the evidence recovered from appellant’s residence.” Perry, 49 Va. App. at 67 , 636 S.E.2d at 893 (citing Hudson v. Michigan, 126 S. Ct. 2159, 2165 (2006)).

12007–2007
Heaton v. Commonwealth green
va · 1974
1 sentence

1989In Heaton, supra, the Court refused to permit an exception to the knock and announce rule where the disposable nature of the contraband was the only exigent circumstance.

11989–1989

Where else courts name it

PA 54 (1982–2023) NM 34 (1993–2023) FL 32 (1979–2026) OH 30 (1983–2017) MA 30 (1980–2025) TX 29 (2002–2013) NJ 27 (1995–2026) IL 25 (1978–2010) WA 21 (1972–2020) WI 21 (1985–2022) OR 13 (1970–2014) MD 13 (1997–2009) HI 11 (1995–2022) DC 11 (1990–2002) ND 11 (1985–2014) MN 10 (1972–2015) LA 9 (1998–2015) MI 9 (1997–2003) IN 8 (1972–2010) VA 8 (1989–2007) AR 8 (1982–2017) RI 7 (1974–2014) CA 7 (2000–2016) MO 6 (1998–2011) UT 6 (1988–2015) AL 6 (1984–2004) NY 6 (1977–2024) DE 6 (1969–2015) TN 6 (1998–2010) MT 5 (2004–2019) KS 5 (1992–2014) CO 4 (1989–2011) IA 4 (1982–2017) NC 4 (1979–2002) KY 4 (1998–2024) NE 3 (1991–2016) AZ 3 (1981–2010) NH 3 (1985–2010) AK 2 (1979–1986) GA 2 (2005–2012) OK 2 (2007–2024) VT 2 (1993–2000)

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.

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