Walk It Through: The Knock
Daytime unless the warrant says otherwise, items not listed, and release at the first appearance.
Officers knock at an apartment early one morning and say they have a search warrant.
Two things a person in this spot might do. Picking one shows what the law says about it.
One apartment and one arrest. Telephonic warrants, offenses that are not bailable, and revoking release are not worked through here.
A practice walkthrough, not a prediction of how any real one will go. Legal information, not legal advice.
Words this turns on
Terms with a legal meaning that is narrower than the everyday one. Each links to the definition and the authority behind it.
- Daytime serviceWithout a direction in the warrant, made on a showing of good cause, that it may be served at any time, a search warrant may be served only in the daytime. Night is the period from ten p.m. to six-thirty a.m.
- Unannounced entryEntry to execute a search warrant without notice first, allowed when a magistrate authorized it on a showing that announcing would endanger someone or lead to destruction of the items, or a reasonable officer would believe so.
- AssaultIntentionally, knowingly or recklessly causing physical injury, intentionally placing someone in reasonable apprehension of imminent physical injury, or knowingly touching someone with intent to injure, insult or provoke.