Wilson v. Arkansas - Set Up, A Fourth Amendment Violation?, Common Law, Mitigating Circumstances, Impact
State of Arkansas
That failure of the police to knock and announce their presence prior to a warranted search rendered their entry into her house unconstitutional under the Fourth Amendment.
Chief Lawyer for Petitioner
John Wesley Hall, Jr.
Chief Lawyer for Respondent
Kent C. Holt, Arkansas Assistant Attorney General
Justices for the Court
Stephen Breyer, Ruth Bader Ginsburg, Anthony M. Kennedy, Sandra Day O'Connor, William H. Rehnquist, Antonin Scalia, David H. Souter, John Paul Stevens, Clarence Thomas (writing for the Court)
Date of Decision
22 May 1995
Reversed the decision of the Arkansas State Supreme Court and remanded the case for reconsideration by the trial court, holding that police in possession of a search warrant are justified in entering a person's house without knocking at the door and announcing their presence only in cases where they may be put in danger or stand to lose evidence by doing so.
The ruling reverses a tendency of the Court in to allow law enforcement authorities great latitude for action within Fourth Amendment guidelines. While recognizing this, it is significant that the Court remanded this case to the trial court for reconsideration under its ruling rather than reversing the lower court's decision altogether.
- Miller v. United States, 357 U.S. 301 (1958).
- Ker v. California, 374 U.S. 23 (1963).
- Sabbath v. United States, 391 U.S. 585 (1968).
- Richards v. Wisconsin, 520 U.S. 385 (1997).
- Biskupic, Joan, and Elder Witt, eds. Guide to the U.S. Supreme Court, 3rd ed. Washington DC: Congressional Quarterly Inc., 1990.
- Legal Information Institute and Project Hermes. http://supct.law.cornell.edu/supct/html/94 5707.ZS.html.
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- Whren v. United States - Significance, A Routine Traffic Stop?, Lower Court Rulings, Use Of Pretext To Enable A Search
- Wilson v. Arkansas - Set Up
- Wilson v. Arkansas - A Fourth Amendment Violation?
- Wilson v. Arkansas - Common Law
- Wilson v. Arkansas - Mitigating Circumstances
- Wilson v. Arkansas - Impact
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