SAN DIEGO DISTRICT ATTORNEY The Fourth Amendment and ...

to believe” to be the equivalent of “probable cause.” But
also see People v. Downey (2011) 198 Cal.App.4 th 652,
657-662, finding that less than probable cause is required.
Sanctions for Violations: When executing an otherwise lawfully
issued search warrant on a residence, a knock and notice violation,
even if a violation of state and federal statutes and the Fourth
Amendment, does not trigger the Exclusionary Rule. (Hudson v.
Michigan (2006) 547 U.S. 586 [165 L.Ed.2 nd 56].)
Per Hudson, the suppression of evidence is only necessary
where the interests protected by the constitutional
guarantee that has been violated would be served by
suppressing the evidence thus obtained. The interests
protected by the knock and notice rules include human life,
because “an unannounced entry may provoke violence in
supposed self-defense by the surprised resident.” Property
rights are also protected by providing residents an
opportunity to prevent a forcible entry. And, “privacy and
dignity” are protected by giving the occupants an
opportunity to collect themselves before answering the
door. (Ibid.)
The Court also ruled in Hudson that because civil suits are
more readily available than in 1914 with the exclusionary
rule was first announced, and because law enforcement
officers, being better educated, trained and supervised, can
be subjected to departmental discipline, suppressing the
product of a knock and notice violation is no longer a
necessary remedy. (Ibid.)
The fact that a “no-knock” warrant could have been
obtained does not require a different finding. Also, the use
of a battering ram on the door, rubber bullets to knock out
windows, and “flash bang” devices (one of which seriously
injured defendant) to distract the occupants, even though
possibly unreasonable under the circumstances, but where
there is no “causal nexus” between the entry and the
recovery of evidence in the home, does not require
suppression of the evidence. (United States v. Ankeny (9 th
Cir. 2007) 502 F.3 rd 829, 835-838; a one to 1½ second
delay between knocking and entering.)
The rule as dictated by Hudson (a search warrant case) is
applicable as well as in a warrantless, yet lawful, arrest
© 2012 Robert C. Phillips. All rights reserved
384