Arrest, Search, Seizure, Warrant Knock and Announce Recent Case Law

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Jockeyperry

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Hi,


I am looking for information on a knock and announce case that is currently pending in Supreme Court. I am wondering where I can find information regarding this case? Our lawyer found it on Westlaw, but we do not have access to Westlaw and so we can not read updates or the ruling on this case. The case is called Kaball (not sure of the spelling. It is pronounced "cable".) The case is based on knock and announce motion to suppress. Any suggestions?
 
Jockeyperry said:
Hi,


I am looking for information on a knock and announce case that is currently pending in Supreme Court. I am wondering where I can find information regarding this case? Our lawyer found it on Westlaw, but we do not have access to Westlaw and so we can not read updates or the ruling on this case. The case is called Kaball (not sure of the spelling. It is pronounced "cable".) The case is based on knock and announce motion to suppress. Any suggestions?
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Here's some information on what Georgia and Michigan Supremes had to say about "knock and announce".

http://www.legalzoom.com/us-law/privacy/supreme-court-alters-knock-and

I suspect you want information on a Florida case?

Here is a Florida case on Pruitt:

http://www.fdle.state.fl.us/Content...-26a43dae0145/07-09---Knock-and-Announce.aspx

Another Florida case:

http://cjr.sagepub.com/content/31/3/281.citation

Then there is Cassells:

http://www.floridasupremecourt.org/clerk/briefs/2003/201-400/03-374_JurisIni.pdf

This is the case you most likely want, Kathy Cable:

http://www.floridasupremecourt.org/pub_info/summaries/briefs/09/09-1684/index.html

The Hudson case has been decided by the US Supremes:

http://findarticles.com/p/articles/mi_m2DCE/is_12/ai_n25016100/
 
Thank you very much for this information. Does the Cable case have an effect on trial court decisions right now? Has it been decided for?
 
Jockeyperry said:
Thank you very much for this information. Does the Cable case have an effect on trial court decisions right now? Has it been decided for?
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I didn't see a decision.

But, there might be one.

The US Supremes have ruled on this previously.

I suggest you speak with yoru attorney tomorrow and ask for a complete explanation or more specific cite.
 
What do you think about the Kathy Cable case? Do you think they are going to rule just as they did in the Hudson v. Michigan case?
 
Jockeyperry said:
What do you think about the Kathy Cable case? Do you think they are going to rule just as they did in the Hudson v. Michigan case?
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I stopped making predictions decades ago. I base my trial strategy only on current case law and precedent.

My gut tells me Cable will stand.
 
I agree, I think the Cable case will hold as well. I've read on some of the most recent knock and announce cases here in Fl and the majority have held according to the knock and announce rule.

How does the rule apply when officers go to a home with only an arrest warrant not a search warrant?
 
Jockeyperry said:
I agree, I think the Cable case will hold as well. I've read on some of the most recent knock and announce cases here in Fl and the majority have held according to the knock and announce rule.

How does the rule apply when officers go to a home with only an arrest warrant not a search warrant?
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Arrest warrants allow officers somewhat more leeway, pursuant to the arrest of the subject on the warrant.
However, it all depends on the nature of the warrant.
If the warrant was issued for a failure to appear charge pursuant to a speeding ticket, versus one for attempted murder, kidnapping, rape, and armed robbery.

It all depends on the circumstances of entry.
Did the officers see the suspect run inside the premises?
Did they get a tip that he was at a certain location?
Was the wanted subject known to an officer who observed him on patrol enter a known crack house?
Too many variables to say, other than each situation is unique.
Officers have broad leeway in apprehending subjects of a warrant.
Once inside the home, they are somewhat limited as to what they can search for, usually just in the immediate area of the arrest.
But, there are numerous exceptions, and exigencies do apply.
 
The warrant was for a possession with intent to sell. He has priors but no violent priors or anything of the sort. He could have been picked up leaving the house. Instead he was sleeping and SWAT raided the home in the early morning hours. Officers including the lead detective on the case testified stating they did not knock before entry. They only had an arrest warrant and not a search warrant.


What are your thoughts and what is the legalities of a situation like this?
 
Jockeyperry said:
The warrant was for a possession with intent to sell. He has priors but no violent priors or anything of the sort. He could have been picked up leaving the house. Instead he was sleeping and SWAT raided the home in the early morning hours. Officers including the lead detective on the case testified stating they did not knock before entry. They only had an arrest warrant and not a search warrant.


What are your thoughts and what is the legalities of a situation like this?
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I suspect the effectuation of such an arrest under that scenario would be upheld. It all depends on what "magic words" the police utter under oath in open court.

You'd also have to read the arrest reports. Does the arrest concern you, or were contraband items seized subsequent to the arrest?

I suspect the arrested person had been under surveillance for sometime prior to the actual apprehension. If that is the case, they can testify with certainty they knew the target was in the home.
Hence, the early AM strike.
 
Jockeyperry said:
The warrant was for a possession with intent to sell. He has priors but no violent priors or anything of the sort. He could have been picked up leaving the house. Instead he was sleeping and SWAT raided the home in the early morning hours. Officers including the lead detective on the case testified stating they did not knock before entry. They only had an arrest warrant and not a search warrant.


What are your thoughts and what is the legalities of a situation like this?
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There are a great many tactical considerations to be made in such situations. The advantage of hitting a house with dynamic entry at oh-dark-thirty is that the suspect will likely be asleep, he may not respond quickly, and the area is easily contained. Of course, the downside is that he might also respond with violence thinking someone is coming to steal his dope or rob him.

And while allowing someone to leave before taking them down limits access to weapons, it also can make it harder to take the person down as there are multiple avenues of escape. There is also the possibility of his running into a house to escape or take hostages, a shootout on the street, etc. And, of course, the cops have to sit around waiting and waiting for him to leave, and the longer they sit around, the greater the chance of them being observed and their presence being announced to the suspect.

It comes down to which has a greater level of control on the part of the police, and that is often the dynamic entry.

Plus, such dynamic entry also gives them a legitimate reason to eyeball the obvious areas of the house as they make entry and clear it of threats. If they see indicia of criminal activity in plain view, they freeze the scene and come back with a warrant.
 
Hi, I am Kathy Cable! My understanding of the Knock and Announce law is that they have to state who they are, who they work for, who they are there for and why they are there after giving reasonable time between them BEFORE entering the residence. Whether it is an apartment, house, trailer or even a hotel/motel room. My case was about an arrest warrant NOT a search warrant. My first public defender didn't believe in me or the case so I had him recused. My new public defender, APT, believed and won the case.

@ Jockeyperry: Don't give up hope! Keep fighting! Justice Canady recused himself because he actually was one of the judges in the 2nd DCA opinion.

@ Army Judge: Do I have a suit for wrongful incarceration or a civil? If not one of those do I have a case at all? I have received all pertinent documents and the case has since been Nolle Prosquei as of 2/14/11. Thank you for your response!

Sincerely,

KJFC
 
katzmeow666 said:
Hi, I am Kathy Cable! My understanding of the Knock and Announce law is that they have to state who they are, who they work for, who they are there for and why they are there after giving reasonable time between them BEFORE entering the residence. Whether it is an apartment, house, trailer or even a hotel/motel room. My case was about an arrest warrant NOT a search warrant. My first public defender didn't believe in me or the case so I had him recused. My new public defender, APT, believed and won the case.

@ Jockeyperry: Don't give up hope! Keep fighting! Justice Canady recused himself because he actually was one of the judges in the 2nd DCA opinion.

@ Army Judge: Do I have a suit for wrongful incarceration or a civil? If not one of those do I have a case at all? I have received all pertinent documents and the case has since been Nolle Prosquei as of 2/14/11. Thank you for your response!

Sincerely,

KJFC
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Congratulations.
I'm happy you received a good result.
I suggest you speak with your attorney about your next steps.
I am not in a position to know enough to properly advise you.
Usually if a case is Noll'ed, you weren't exonerated.
That isn't akin to a Not Guilty verdict being handed down.
But, speak with your attorney.
Hope springs eternal.
 
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