Can the Police Really Use a Battering Ram to Break Down My Door?

We have become all too accustomed to seeing stories on the news of police aggressively breaking down people’s doors–often using military equipment like battering rams–just to execute a search warrant. In many cases, the police seemingly do not bother to even announce their presence before busting down a door. But is such conduct really legal?

As with many aspects of criminal law, the answer is, “It depends.” Under Florida law, an officer may “break open any outer door, inner door or window of a house, or any part of a house or anything therein,” in order to execute a valid warrant. The caveat is that the officer must first provide “due notice” to the people inside the home and be “refused admittance” to the house before taking action like using a battering ram. This is known as the “knock-and-announce” rule.

Florida Appeals Court Upholds Exclusion of Drug Evidence

Florida courts take the knock-and-announce rule quite seriously. A recent decision from the Florida First District Court of Appeals, State v. Tims, offers a good illustration. In this case, the courts excluded evidence gathered in a drug trafficking case because the police acted too quickly in breaking down a suspect’s door.

The key evidence in this case was police body camera footage reviewed by the trial judge. The footage showed that when the police went to execute a search warrant at the defendant’s home, the officers initially knocked without announcing their presence as police officers. As the judge observed, “Nobody’s required to answer their door just because somebody knocks on it.” Even after a few seconds elapsed and the officers identified themselves, the defendant still had no legal obligation to answer the door.

The key to the knock-and-announce rule is that the officer must clearly state they are there to execute a search warrant. Until they do so, the person inside the house is not legally required to answer the door. More to the point, the police have no legal authority to enter the house by force.

Here, the officers eventually did say they had a search warrant. But they then immediately proceeded to break down the door with a battering ram without giving the occupants a chance to refuse admittance. As the First District observed, that was a clear violation of the defendant’s constitutional rights. The Court of Appeals therefore held the state could not use any evidence gathered under the search warrant against the defendant at trial.

Contact Asilia Law Firm Today

Even police officers who are well trained in proper constitutional and legal procedures make mistakes. Such errors should not, however, deprive you of your right to a fair trial. A qualified Miami drug defense attorney can scrutinize the government’s case against you and identify any potential constitutional violations. If you have recently been arrested and charged with drug possession or distribution, call the Asilia Law Firm in Miami today at (786) 420-3014 to schedule an initial consultation with a member of our team.

Source:

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