Tuesday, June 7, 2016
"Violation of knock-and-announce on a 6 am arrest warrant execution leads to suppression despite Hudson"
FourthAmendment.com excerpts United States v. Vasquez, 2016 U.S. Dist. LEXIS 71856 (D.Conn. June 2, 2016), notable "because seldom can a court get around Hudson." From the opinion:
Further, I emphasize that the determinative circumstances in this case were not the result of decisions made in the heat of the moment. Rather, they were the result of decisions made either prior to the warrant execution or after Mr. Vasquez was detained: the officers chose to execute the warrant early in the morning, chose not to obtain — or were denied — a search warrant or a “no-knock” warrant, and chose not to document the amount of time they waited before breaching the door.