Chief's Counsel Knock Knock… Who’s There? 9th Circuit Court of Appeals Provides Guidance on Knock-and-Announce Rule

Chief's Counsel

Police Chief Magazine|Columns|Chief's Counsel|Chief’s Counsel Knock Knock… Who’s There? 9th Circuit Court of Appeals Provides Guidance on Knock-and-Announce Rule

Chief’s Counsel Knock Knock… Who’s There? 9th Circuit Court of Appeals Provides Guidance on Knock-and-Announce Rule

Michael J. Oh, Esq., Assistant City Attorney, City of Henderson, Nevada, Police Legal Advisor, Henderson Police Department, and Member, IACP Legal Officers Section

It is a well-established common-law principle that, before law enforcement officers enter a dwelling, they must announce their presence and provide residents an opportunity to voluntarily open the door. But what about a structure that is within the curtilage of a property, but is not the main structure or house? The U.S. 9th Circuit Court of Appeals recently provided some guidance for this situation in Mendez v. County of Los Angeles.