Sharlene Wilson v. Arkansas (514 U.S. 927)

U.S. Supreme Court · decided May 22, 1995 · Supreme Court Database (Spaeth)

Citation
514 U.S. 927 · 115 S. Ct. 1914
Decided
May 22, 1995
Term
October Term 1994
Vote
9–0
Majority author
Justice Thomas
Issue area
Criminal Procedure
Disposition
Reversed and remanded
Outcome
Petitioning party won
Ideological direction
Liberal

Opinion excerpt

Justice Thomas delivered the opinion of the Court. At the time of the framing, the common law of search and seizure recognized a law enforcement officer’s authority to break open the doors of a dwelling, but generally indicated that he first ought to announce his presence and authority. In this case, we hold that this common-law “knock and announce” principle forms a part of the reasonableness inquiry under the Fourth Amendment. I During November and December 1992, petitioner Sharlene Wilson made a series of narcotics sales to an informant acting at the direction of the Arkansas State Police. In late November, the informant purchased marijuana and methamphetamine at the home that petitioner shared with Bryson Jacobs. On December 30, the informant telephoned petitioner at her home and arranged to meet her at a local store to buy some marijuana. According to testimony presented below, petitioner produced a semiautomatic pistol at this meeting and waved it in the informant’s face, threatening to kill her if she turned out to be working for the police. Petitioner then sold the informant a bag of marijuana. The next day, police officers applied for and obtained warrants to search petitioner’s home and to arrest both petitioner and Jacobs. Affidavits filed in support of the warrants set forth the details of the narcotics transactions and stated that Jacobs had previously been…

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