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IN refuses to apply Hudson to no-knock violation

By John Wesley Hall, Jr.

Violation of constitutional no-knock requirement by SWAT team deciding on its own to enter without knocking without sufficient legal justification required suppression of the search under the Indiana Constitution. Lacey v. State, 2010 Ind. App. LEXIS 1367 (July 27, 2010): Here, no circumstances bearing upon officer safety or escape arose after the issuance of the warrant and before its execution. There has been no allegation of furtive movement, attempted flight, or destruction of evidence. Under the totality of the circumstances, we find the unilateral decision to dispense with the knock-and-announce rule unreasonable under Article 1, Section 11 of the Indiana Constitution where the relevant facts could have been presented in application for a “no-knock” warrant...continue to full post

Full post as published by Fourth Amendment on July 30, 2010 (boomark / email).