United States v. Banks
In the execution of a search warrant for illegal drugs, police officers knocked loudly on Banks’s apartment door and announced, “police search warrant.” The officers waited 15-20 seconds without receiving a response and then forcibly entered the apartment, where Banks had just emerged from the shower. The officers interrogated Banks, found weapons and cocaine, and charged him with possession of a controlled substance with intent to distribute it and possession of a firearm as an unlawful drug user. Banks made a motion for the suppression of all evidence on the grounds that entry into his apartment violated his Fourth Amendment rights and 18 U.S.C. § 3109, the “knock and announce” procedure. That procedure allows forcible entry in the execution of a search warrant only if an officer is refused admittance to the residence after giving notice of his authority and purpose. The trial court denied Banks’s motion but the court of appeals reversed, holding that officers must receive explicit refusal of admittance or wait a more substantial amount of time before entering when there are no exigent circumstances and forced entry would require destruction of property. The court considered factors such as the size and location of the residence, the time of day, and the nature of the offense in determining that the waiting period was insufficient.
Question Presented:
Whether law enforcement officers executing a warrant to search for illegal drugs violated the Fourth Amendment and 18 U.S.C. § 3109, thereby requiring suppression of evidence, when the forcibly
entered a small apartment in the middle of the afternoon 15-20 seconds after knocking and announcing their presence.
