Timing for Refusing Admittance

Timing for Refusing Admittance - Timing for Refusing...

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Unformatted text preview: Timing for Refusing Admittance U.S. v. Banks- the Supreme Court decided on 2 issues regarding the Wilson notice requirement. 1) How long the police must wait before they decide they have been constructively refused admittance? In the absence of exigent circumstances (destruction of evidence), it’s whether the occupant’s failure to admit the police fairly suggested a refusal to let them in. Which means whether it reasonably appeared that the occupant has had time to get to the door. (From the police point of view. 2) What shorter wait will suffice because of the kind of exigent circumstances? Exigency will justify a shorter wait before breaking down the door after announcement and purpose. For example, waiting not longer than it would take to dispose of drugs, this is exigency. Banks was in the bathroom taking a shower and did not hear the police knock. Banks claimed Banks was in the bathroom taking a shower and did not hear the police knock....
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This note was uploaded on 09/07/2011 for the course CRJ 5710 taught by Professor Staff during the Winter '11 term at Wayne State University.

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Timing for Refusing Admittance - Timing for Refusing...

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