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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), its whether the occupants 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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- Winter '11