Hudson V Michigan.wps

Hudson V Michigan.wps - Hudson v. Michigan Facts of the...

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Hudson v. Michigan Facts of the Case: On the afternoon of Thursday August 27 th , 1998 in Wayne County, Michigan, Booker Hudson, Jr. sat in the front room of his house entertaining some guests. When suddenly, seven Detroit police officers raided his home, bursting through the front door and ordering him to “freeze”. Officer Jamal Good armed with a valid search warrant searched Mr. Hudson, yielding five rocks of crack cocaine in his pocket. In addition, officers found several bags of cocaine on the chair Mr. Hudson had been sitting on. Several other officers also found drugs and a gun else where in the house. Wayne County Circuit Court quickly charged Mr. Hudson with possession of cocaine with the intent to deliver, and illegal firearm possession during the commission of a felony. Richard Korn, Mr. Hudson’s attorney filed a motion to suppress the evidence Detroit police officers found in his home. Mr. Korn argued that Mr. Hudson’s fourth amendment rights were violated when police officers ignored the “knock and announce” requirement before entering his home. Clearly the knock and announce rule what not followed, and this was admitted by Officer Jamal Good. Officer Good testified that the officers didn’t knock on Mr. Hudson’s door at all, but they merely announced their presence. In addition the officers only wait three to five seconds before bursting through Mr. Hudson’s door. The three to five seconds the officers did wait is drastically short of the time required. The “knock and announce” rule requires police officers to wait 20-30 seconds after knocking and announcing their presence before they enter the home. The prosecutor conceded that the police had violated the knock-and-announce
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rule by waiting only three to five seconds before entering the home, however felt that the inevitable discovery doctrine would apply in this case and allow the evidence to stand. The trial judge granted Hudson's motion to suppress the evidence because the officers
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Hudson V Michigan.wps - Hudson v. Michigan Facts of the...

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