 I just won the Supreme Court. They threw it out. Well, now, why'd they do that? He had the consent of the wife. You know, there's some things about this knock and notice stuff that bothered me. How did I get you for a partner anyway? What do you mean? I mean, when were you doing Adley's later on? Excuse me, late at all. I don't consent and everything. Oh, yeah. I'll bet that's when I was off to cover for Jackson. What do you say about consent? Come on, I'll tell you. Normally, before you can kick in a door, you've got to knock, announce yourself, and explain why you're there, all right? There's three main areas when you do not have to comply with any of those requirements. Like if the guy inside is trying to escape, right? Or if he's trying to destroy evidence. And the other times, if there's going to be more chance of someone getting hurt, if you do announce yourself, then if you don't. That's simple enough. No, not so simple. You've got to look at each situation separately. You need specific information at the scene. For instance, Hadley was telling us about a case. Sure is. 1636, Mabel, what do you think? I think we'd kick it. This dude knows we're outside. He's going to try and do us. How are we going to get by knock and notice? Well, a rumor record said about his last two arrests. Each time, he's had a 45 with him. Do you use it? You see his rap sheet? Voter was violent. It's 80W is the sauce. You name it. Look, I want to nail this guy, and I want this bust to stick. But with prior information like that, it's not going to get by knock and notice. I think we should have something at the scene to use. The officer is following recent cases and advising his partner that prior information about a suspect may not be sufficient to excuse non-compliance with knock and notice statutes. Those cases say that the common law exceptions to knock and notice pertain only to emergency situations at the time of entry. In other words, unannounced entry is excused only on the basis of emergency circumstances existing at the time an officer approaches a site to make an arrest or execute a warrant. Why don't you go around and cover the back? Hold it. There's a piece on the couch. I think this guy's going to mean business. Come on over. The door's locked. We have to kick it. Tell that a good entry. They didn't have to knock and notice explain why they were there. They had specific information on the guy that he was probably armed and liked to shoot when resisting arrest. But most importantly, they saw he had a weapon inside the house at the time of the arrest and was likely to use it. And he was standing in a place where he had a right to be, the front porch, when he saw the gun. Well, what about a narc case? You know, where the suspect can flush the stuff down the john before you finish your spiel on the porch? Havley said there's a general rule about a case like that. He said that... It looks like they're not here yet. How do you know? They're supposed to be a green matador parked out front. Surveillance team said they should be there by now. What the hell? Why wait? Let's go in and get the evidence and then wait for them. Ah, it's fine, won't you? You can't do that. Well, we'll do everything right. We'll knock, tell them who we are and why we're here. We'll even wait a few minutes before we kick the door. That's great, but it's illegal. You gotta have good faith belief that your suspect's actually inside before you go in. Otherwise, the court will throw it out. Look, somebody's coming. Officer Barnes was correct when he told his partner they needed a reasonable belief that the suspect was in the house before they could enter. Being experienced narcotics officers, they know narcotic suspects usually try to destroy evidence if they realize police are nearby. But this alone is not enough to excuse compliance with a knock and notice rules. Compliance will be excused only if, at the time of the police act, they have specific facts indicating that evidence is about to be destroyed. Common examples of such facts are retreating footsteps, the sound of a flushing toilet, or overheard statements from the occupants that they are going to destroy the evidence. In that case, they didn't even get an opportunity to knock on the door. The suspects gave them an excuse to go right in. If you hear any sounds like the flushing of a toilet, or running footsteps, or something that reasonably leads you to believe that the occupants are fleeing, destroying the evidence, or maybe going to get their weapons, don't wait. Go right in. I've got to tell you about hot pursuit rendering age situations. I know about those. If a guy here cheats and runs in and we're building or another structure, forget about knock and notice and follow him right in. Same goes for rendering age situations. If you hear moans or other noises that sound like an emergency, forget about knock and notice, and where's your agent? You're tremendous, Jim. I suppose tomorrow he'll be spouting off-case citations to me. Listen, there's Dick. I'm going to talk to him about his tape dick. I'll see you later. He's a ding-a-ling. Revenge or something. Sure that's enough? Let's go. Come on. I want to get this cat. OK. We're on your knock and notice theories in Court Tuesday. Matt or Jim, didn't you know the person giving consent to enter had to be within the premises? You were really a big help, weren't you? Consent to enter is a valid excuse for not complying with knock and notice requirements. However, the consent must be given by someone inside the premises. As this last vignette demonstrates, a consent given by one of the residents of a house when not inside of it is not sufficient. However, it is doubtful whether knock and notice statutes could protect a trespasser if the absent householder gave police consent to enter in order to remove him. Get closely related to knock and notice is entry by trickery or subterfuge. The United States Supreme Court has told us there is nothing inherently unlawful in the use of police subterfuge and suppressing crime as long as constitutional rights are not invaded. Thus, the use of undercover operations in such areas as narcotic buy programs has been approved by the courts. However, the California courts, which tend to be stricter in these matters, have disapproved such conduct as an officer's entry gained through his positive misrepresentation that he was an appliance repairman. Sounds like a Coke party. Yeah, you can practically hear the snow falling. Hey, listen. I got a way that we can get inside so we can find out exactly what's going on. People have been going up the door all day long and just knocking, and then they just go right in. So why don't we just come on up to the door? You mean that we just... Yeah. Well, what about knock and notice? No, knock it if you haven't tried it. Well, that's really funny when she'll be the only half to. Please say come on in there to be concerned. You mean we're just gonna knock on the door, stay police officers conducting a narcotics investigation, or just gonna say come in? No, no, no. We're gonna knock, just knock. Okay, go ahead. The California Supreme Court case held this type of police action legitimate because the officers made no positive act of misrepresentation. Merely knocking on the door and being invited to come in is a consensual entry making compliance with knock and notice statutes unnecessary. Date of entry by officer Jim Richardson. What, are you with the Supreme Court? No, but it's a little riskier. Why? Well, how about no probable cause? Why should that make a difference? All we wanna do is have a look inside. Once he opens the door, we're gonna see Macy's basement anyway. Yeah? Well, how much longer is it gonna be? I don't want this crap around after Friday. Yeah, yeah, yeah, I know. But get this stuff out of here. I mean, how much longer can I tell the manager I'm still moving in? Huh? Fine, all I want you to do is tell him you're checking filters for gas heaters. I don't like things like this at my place. You like these for tenants? Where's his apartment? That's over here. Knock on the door. I'll be right behind you. I only want to look from the hallway into the apartment. Go on, go on. No, okay. So just take a minute. Breathe, White House. Look, what's going on here? I mean, hey, you guys got nothing on me. I just moved in here. I haven't had a chance to pack this stuff away yet. Yeah, we'll pack it away and you with it on the wall. Move on the wall. Move. Courts led by the federal courts would find no illegality in the officer's use of trickery here since they use no force to gain entry. However, California courts, which have set trends in the search and seizure area, now generally agree that if the police have no probable cause and use trickery to gain entry into a residence, it is illegal. Note that in this case, the officers use a positive act of misrepresentation when they induce the manager to make false statements about the heater filters. Supposed to be here, where is he? Here he comes. I wouldn't be made a buy. Okay, Scoby, how much? Half a piece. That's good enough. Any more stuff? Well, if you mean, does it look like a pharmacy? Yeah, it does. Well, I checked the place out and that's the only exit. Are you sure that's his car over there? Hey, man, I'm sure. There's a phone booth down on the corner. I'm gonna go do that and I'll meet you back here by the car. Say, look, there's a friend of Scoby's. The heat's making tracks for your place. You better get rid of your stuff. Yeah, it's okay, forget it. I wonder if he's gonna bite. Wait, I think he's coming. Police officers want to talk to you. All right, left hand on your head. Left hand on your head. Because there was no entry, but merely a ruse to draw the suspect out of his dwelling, this type of police action has been approved by the courts. The police were only providing an opportunity for Munger to incriminate himself. They did not use trickery to gain entry into his home. Now, what have we learned? We have learned that an entry by police who do not comply with knock and notice requirements is permissible only in emergency circumstances. And in addition, these emergency circumstances must be present at the time the police are approaching the site. Unannounced entries based on prior information that an emergency may exist is not sufficient. The three most common reasons for an unannounced entry are that the evidence will be destroyed, the suspects will escape, or the danger to the officers will increase if the rules are complied with. But prior knowledge that the suspects might destroy evidence or escape or shoot is not sufficient. And remember, police do not have to knock and announce where they are in hot pursuit or need to render emergency aid. Another important point is consent. Consent to enter must be given by persons within the structure. However, if the person in the house is a trespasser, it is doubtful whether he would be protected by typical knock and notice statutes if an absent householder gave police consent to enter. As to trickery arouse, remember that it's an unsettled area, but that you can probably use these devices where you have probable cause and you perform no positive act of misrepresentation. Lastly, remember that the courts apparently do permit you to use subterfuge to draw a suspect out of a structure.