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Criminal Procedure Keyed to Dressler
Hudson v. Michigan
Citation:
547 U.S. 586, 126 S.Ct. 2159, 165 L.Ed.2d 56.Facts
Police obtained a search warrant authorizing a search for drugs and firearms the defendant’s home. When the police arrived to execute the warrant, they announced their presence, but only waited a few seconds before turning the knob of the unlocked front door and entering the defendant’s home. The police discovered both drugs and firearms, and the defendant was charged under Michigan law with unlawful drug and firearm possession.
The defendant filed a motion to suppress, arguing that the premature entry violated his Fourth Amendment rights. The state conceded that the entry was a knock-and-announce violation, but argued that the exclusionary rule should not be applied. The Michigan trial court granted the defendant’s motion. The Michigan Court of Appeals reversed, and the defendant was convicted. He appealed.
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Topic Resources
Topic Outline
Fourth AmendmentTopic Refresher Course
4th Amendment IntroTopic Charts & Notes
Search Warrant Exceptions