Wilson v. Arkansas

Given the position of common law on the subject of knocking and announcing before entering, the Court was forced to reverse the decisions of the trial court and state supreme courts. Despite taking this step, the Court did not completely overturn the rulings of the lower courts, remanding the case instead for reconsideration in light of its finding. The Court also added that, although the petitioner had successfully advanced her case for the need for police to knock and identify themselves before entering a suspect's house generally, situations could arise where this procedure could be skipped. Writing for the majority, Justice Thomas noted that common law was less clear with regard to whether or not authorities must knock and announce their intentions before entering the house of a felon: "Although there has been some doubt on the question, the better opinion seems to be that, in cases of felony, no demand of admittance is necessary, especially as, in many cases, the delay incident to it would enable the prisoner to escape." Indeed, the state of Arkansas had argued in this case that because of Jacobs's convictions for arson and firebombing, the police felt that announcing themselves prior to entering the house would have placed them, and the evidence within the house, in jeopardy.