The Oyez Project Virtual Tour of the Supreme Court Building

Abstract

Oral Argument: Tuesday, March 28, 1995
Decision: Monday, May 22, 1995
Issues: Criminal Procedure, Search and Seizure

Advocates

J. Winston Bryant (Argued the cause for the respondent)
Michael R. Dreeben (On behalf of the United States, as amicus curiae, supporting the respondent)
John Wesley Hall, Jr. (Argued the cause for the petitioner)

Facts of the Case

In 1992, Sharlene Wilson sold illicit narcotics to undercover agents of the Arkansas state police. Police officers then applied for and obtained warrants to search Ms. Wilson's home and to arrest her. When the police arrived, they found the main door to Ms. Wilson's house open. The officers opened the unlocked screen door and walked in, identified themselves as police officers, and said that they had a warrant. Ms. Wilson's attorney filed a motion to suppress the evidence seized during the search, claiming it was invalid on the grounds that the officers had failed to "knock and announce" before entering.

Question

Does the Fourth Amendment's reasonable search and seizure clause require police officers to knock and announce their presence before entering a private residence?

Conclusion

Yes. A unanimous Court held that the common-law "knock-and announce" principle forms a part of the Fourth Amendment reasonableness inquiry. "Given the longstanding common-law endorsement of the practice of announcement, and the wealth of founding-era commentaries, constitutional provisions, statutes, and cases espousing or supporting the knock-and-announce principle,...the Amendment's Framers thought that whether officers announced their presence and authority before entering a dwelling was among the factors to be considered in assessing a search's reasonableness." Countervailing law enforcement interests, such as officer safety, may, however, establish the reasonableness of an unannounced entry.

Supreme Court Justice Opinions and Votes (by Seniority)

Sort by Ideology
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Full Opinion: Criminal Procedure, Search and Seizure: 9 - 0
Voted with the majority, joined Thomas' opinion
Rehnquist
Voted with the majority, joined Thomas' opinion
Stevens
Voted with the majority, joined Thomas' opinion
O'Connor
Voted with the majority, joined Thomas' opinion
Scalia
Voted with the majority, joined Thomas' opinion
Kennedy
Voted with the majority, joined Thomas' opinion
Souter
Voted with the majority, authored an opinion
Thomas
Voted with the majority, joined Thomas' opinion
Ginsburg
Voted with the majority, joined Thomas' opinion
Breyer

Cite this page

The Oyez Project, Wilson v. Arkansas, 514 U.S. 927 (1995),
available at: <http://www.oyez.org/cases/1990-1999/1994/1994_94_5707/>
(last visited ).