Commonwealth v. Goggin, 587 N.E.2d 785 (Mass. 1992). · Go Syfert
Commonwealth v. Goggin, 587 N.E.2d 785 (Mass. 1992). Cases Citing This Book View Copy Cite
44 citation events (5 in the last 25 years) across 12 distinct courts.
Strongest positive: Wilson v. Arkansas (scotus, 1995-05-22)
Treatment trajectory · 1992 → 2026 · click a year to view as-of
1992 2009 2026
Top citers, strongest first. 15 distinct citers.
examined Cited as authority (verbatim quote) Wilson v. Arkansas (2×) also: Cited as authority (quoted)
SCOTUS · 1995 · quote attribution · 2 verbatim quotes · confidence high
our knock and announce rule is one of common law which is not constitutionally compelled
discussed Cited as authority (verbatim quote) Commonwealth v. Watson (2×) also: Cited "see"
Mass. App. Ct. · 1994 · signal: see · quote attribution · 1 verbatim quote · confidence high
a consensual entry by the police, even if obtained by ruse or trickery, will not violate the rule
examined Cited as authority (quoted) State v. Stevens (4×)
Wis. · 1994 · quote attribution · 4 verbatim quotes · confidence low
ur knock and announce rule is one of common law which is not constitutionally compelled
discussed Cited as authority (rule) State v. Gregory
Idaho Ct. App. · 1997 · confidence medium
See, e.g., United States v. Patrick, 959 F.2d 991, 998-99 (D.C.Cir.1992) (holding that a consensual entry is not subject to the requirements of U.S.C. § 3109); United States v. Salgado, 347 F.2d 216, 217 (2d Cir.1965) (holding that because entry by invitation does not involve breaking of door or window, it does not require notice of authority and purpose); United States v. Salter, 815 F.2d 1150 (7th Cir.1987) (holding police action in inducing defendant to open door by means of a ruse did not constitute intrusion within meaning of the statute); United States v. Contreras-Ceballos, 999 F.2d 43…
cited Cited as authority (rule) Commonwealth v. Villar
Mass. App. Ct. · 1996 · confidence medium
In Commonwealth v. Goggin, 412 Mass. 200, 201-203 (1992), the po lice went to the defendants’ apartment to execute a search warrant.
discussed Cited as authority (rule) State v. Ribe
Utah Ct. App. · 1994 · signal: cf. · confidence medium
Cf. Commonwealth v. Goggin, 412 Mass. 200 , 587 N.E.2d 785, 787 (1992) ("Our knock and announce rule is one of common law which is not constitutionally compelled.”). .Footnote 6 appears at this point in the opinion quoted.
discussed Cited as authority (rule) State v. Alldredge
Wash. Ct. App. · 1994 · confidence medium
Ct. App.), review denied, 407 So. 2d 1104 (1981); State v. Walker, 107 Idaho 308, 311-12 , 688 P.2d 1213, 1216-17 (1984); Commonwealth v. Goggin, 412 Mass. 200, 202-03 , 587 N.E.2d 785, 787 (1992); cf. Ker, 374 U.S. at 47 (Brennan, J., dissenting; knock-and-wait rule not violated by unannounced police intrusion "where the persons within already know of the officers’ authority and purpose”).
cited Cited "see" Commonwealth v. Ennis
Mass. · 2004 · signal: see · confidence high
See Commonwealth v. Goggin, 412 Mass. 200, 203 (1992); Commonwealth v. Chadwick, 40 Mass. App. Ct. 425, 429 (1996); Commonwealth v. Beacon Distribs., Inc., 14 Mass. App. Ct. 570, 576 (1982).
cited Cited "see" Commonwealth v. Siano
Mass. App. Ct. · 2001 · signal: see · confidence high
See Commonwealth v. Goggin, 412 Mass. 200, 203 (1992); Commonwealth v. Wornum, 421 Mass. 220, 222 (1995), cert, denied, 517 U.S. 1214 (1996).
discussed Cited "see" State v. Chandler (2×)
N.M. Ct. App. · 1995 · signal: see · confidence high
See Commonwealth v. Goggin, 412 Mass. 200 , 587 N.E.2d 785, 787 (1992).
discussed Cited "see" Commonwealth v. Antwine
Mass. · 1994 · signal: see · confidence high
See Commonwealth v. Goggin, 412 Mass. 200, 202 (1992); Commonwealth v. Gomes, 408 Mass. 43, 45 (1990); Commonwealth v. Sepulveda, 406 Mass. 180, 182 (1989); Commonwealth v. Scalise, 387 Mass. 413, 417 (1982); Commonwealth v. Osorno, 30 Mass. App. Ct. 327, 330-331 (1991); Commonwealth v. Gondola, 28 Mass. App. Ct. 286, 290 (1990).
cited Cited "see" Commonwealth v. Byfield
Mass. · 1992 · signal: see · confidence high
See Commonwealth v. Goggin, 412 Mass. 200 (1992).
discussed Cited "see, e.g." Commonwealth v. Eller
Mass. App. Ct. · 2006 · signal: compare · confidence medium
Compare Commonwealth v. Goggin, 412 Mass. 200, 203 (1992) (the police did not force entry without appropriate identification and an announcement, and therefore satisfied the terms of the warrant, which did not authorize a no-knock entry).
examined Cited "see, e.g." Adcock v. Commonwealth (4×)
Ky. · 1998 · signal: see also · confidence low
Furthermore, the court held that the use of the ruse to entice the defendant to open the door in the execution of a search warrant did not violate the Fourth Amendment or the knock and announce rule because “the reasons behind the rule were satisfied — there was no real likelihood of violence, no unwarranted intrusion on privacy, and no damage to the [defendant’s residence].” Id. at 631; see also Wilson, supra, and Commonwealth v. Goggin, 412 Mass. 200 , 587 N.E.2d 785 (1992).
discussed Cited "see, e.g." Commonwealth v. Grimshaw
Mass. · 1992 · signal: see also · confidence medium
See also Commonwealth v. Goggin, 412 Mass. 200, 202 (1992) (“knock and announce” rule is a common law rule and is not constitutionally required); United States v. Dauphinee, 538 F.2d 1, 3 (1st Cir. 1976) (procedural steps *77 regarding warrant return under Fed.
Commonwealth vs. Darlene Goggin (And Three Companion Cases)
Massachusetts Supreme Judicial Court.
Mar 11, 1992.
587 N.E.2d 785
Lynn C. Rooney, Assistant District Attorney (Rosemary D. Mellor, Assistant District Attorney, with her) for the Commonwealth., Daniel Solomon for Denise Goggin., Paul Cacchiotti, for Darlene Goggin, was present but did not argue.
Liacos, Nolan, Lynch, O'Connor, Greaney.
Cited by 23 opinions  |  Published
2 passages pin-cited by 2 cases
Pinpoint authority: #7,495 of 633,719
Citer courts: Wisconsin Supreme Court (4) · Supreme Court (1)
[*201] Greaney, J.

This is the Commonwealth’s interlocutory appeal (transferred by us from the Appeals Court) from an allowance by a Superior Court judge of the defendants’ motions to suppress evidence obtained by the Somerville police as a result of searching the defendants’ apartment. In allowing the defendants’ motions, the judge ruled that the police had violated the “knock and announce” rule in executing the warrant which authorized the search.

The judge made the following findings of fact with regard to the execution of the search warrant. On June 8, 1990, at 7:10 p.m., eight officers of the Somerville police department arrived at a two-family house at 28 Pearson Road with a warrant to search the first-floor apartment. The warrant, which authorized an entry at night, required the officers to knock and announce their identity before entering. The two defendants, who are sisters, occupied the first floor apartment. One of the police, Officer Martha Costa, knew the defendants because she had coached them in sports years earlier.

The front door of the house led into a small common hallway. As this door was unlocked and ajar, the police entered the hallway and knocked on the downstairs apartment door. A female voice inside the apartment asked, “Who is it?” to which Officer Costa replied, “Pop Warner.” When no one responded, a police officer again knocked and again heard from within, “Who is it?” Officer Costa responded, “Somerville Pop Warner.” The officers then heard a woman inside say, “I don’t know who it is,” after which one of the defendants opened the door. On seeing the police officers with badges on neck chains, she immediately attempted to close the door. However, an officer held his hand out across the threshold of the doorway and prevented the door from being closed. Before stepping into the apartment, the police announced their identity, authority, and purpose. A search of the dwelling uncovered approximately fourteen grams of cocaine, some marihuana, other drug paraphernalia, and $324 in cash.

[*202] The defendants were arrested on the basis of the evidence seized during the search, and they were indicted for trafficking in cocaine in violation of G. L. c. 94C, § 32E {b) (1) (1990 ed.), and possession of marihuana with intent to distribute in violation of G. L. c. 94C, § 32C (1990 ed.). The defendants subsequently filed their motions to suppress, arguing that the police had violated the terms of the search warrant because, after using a ruse to induce one of the defendants to open the door to the apartment, a police officer held the door open and prevented it from being closed while the police announced their purpose and entered. The judge agreed with this argument, ruled that the knock and announce rule had been violated, and granted the motions to suppress. We reverse.

Our knock and announce rule is one of common law which is not constitutionally compelled. Commonwealth v. Sepulveda, 406 Mass. 180, 181 (1989), and cases cited. The reasons supporting the rule are the desirability of “decreasing the potential for violence [initiated by residents in response to a sudden and unexpected invasion of their premises, provoking further retaliatory violence by the police], protection of privacy, and the prevention of unnecessary damage to homes.” Commonwealth v. Cundriff, 382 Mass. 137, 146 (1980), cert. denied, 451 U.S. 973 (1981). A consensual entry by the police, even if obtained by ruse or trickery, will not violate the rule. Commonwealth v. Sepulveda, supra at 182-183.

The use of the “Somerville Pop Warner” ruse by the police to have the door opened was not improper. Although the defendant on opening the door may have been surprised to see a group outside, the identity of the police should have been immediately obvious to her from the badges around their necks. Further, as the judge found, “[b]efore stepping into the apartment the police [formally] announced their identity, authority and purpose.” The reasons behind the rule were satisfied — there was no real likelihood of violence, no unwarranted intrusion on privacy, and no damage to the apartment.

[*203] Referring to the Cundriff decision, supra, the defendants maintain that the police officer’s act of placing his hand in the door constituted an improper entry. We do not agree. While a police officer’s hand may have technically crossed the frame of the door into the apartment, none of the officers stepped into the apartment until they had announced their identity and purpose. In addition, the police officer placed his hand in the door only after the defendant who answered the door had seen the officers’ badges, which had revealed to her that she was being confronted by the police. Since the police did not force entry without appropriate identification and an announcement, the terms of the warrant were satisfied. The case, therefore, is clearly different from Cundriff. In Cundriff, the police knocked on an apartment door, and when asked by a woman, “Who is it?” replied, “School bus.” After the woman opened the door, several officers rushed inside with their weapons drawn. This entry was referred to by the court as “violent,” id. at 147-148 & n.17, but justified, id. at 148, and, unlike the entry here, it was accomplished by the police without benefit of identification or announcement of purpose and authority. Cf. Commonwealth v. Manni, 398 Mass. 741, 742 (1986) (on a “knock and announce” warrant announcement of police presence and purpose not made until after officer had entered the premises; “no knock” provision could have been properly obtained).

The order suppressing the evidence seized from the defendants’ apartment is reversed. The defendants’ motion for the award of appellate attorney’s fees pursuant to Mass. R. Crim. P. 15 (d), 378 Mass. 882 (1979), is allowed.

So ordered.