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Monday, June 19, 2006

Hudson: Exclusionary Rule Inapplicable to Knock & Announce Violations

In Hudson v. Michigan, No. 04-1360 (June 15, 2006), the Supreme Court held that a violation of the "knock and announce" rule does not require suppression of all evidence found in the search.
The Court noted that suppression would not serve the interest protected by the constitutional guarantee against unannounced entry. Though the rule protected property and privacy, this interest did not protect against the government seeing or taking evidence described in a warrant. The Court also observed that the social costs of excluding relevant incriminating evidence would outweigh the deterrence benefits. The Court stated that "massive deterrence" was not necessary against unannounced entries. The Court further noted that civil rights suits, and an increased emphasis on internal police discipline, provided adequate deterrence against police misconduct.