Reference no: EM133653976

Question

According to the Fourth Amendment, warrants should only be issued when probable cause exists, the place to be searched is identified, and the persons or things to be seized are named. However, many exceptions to the warrant requirements exist. There are three elements required to satisfy the Fourth Amendment's warrant requirement: particularity requirement, an affidavit supporting probable cause, and the "knock-and-announce" rule. A well-known, local real estate businessman has been arrested for trafficking in stolen goods. He was allegedly using his successful real estate business as a front for a wide-ranging network of thieves moving small electronics and jewelry throughout New England. Police found merchandise in several locations under his control, including his office. Before the trial begins, his lawyer challenges the legality of the search that turned up most of the evidence upon which the state's case is built. Let's review a few concepts before you make a decision about this scene. How does the police's knock-and-talk technique compare with the knock-and-announce rule? The knock-and-talk technique is a legal requirement of executing a search warrant; the knock-and-announce rule is a method of searching without a warrant. Both the knock-and-talk technique and the knock-and-announce rule have been upheld by SCOTUS.