The fourth amendment to the United States Constitution, an express proclamation of the citizens' indefeasible right against unreasonable searches and seizures, has now been held fully applicable to state searches and seizures through the due process clause of the fourteenth amendment. Neither the fourth amendment to the United States Constitution nor any law in Virginia expressly requires those persons performing a search to "announce" their presence, identity, or purpose prior to making their entry for a valid search. Despite the absence of an express requirement of announcement before entry, the early common law in England and subsequent case law in the United States have indicated that a rule of announcement or notice was so generally enforced that it was highly probable that the draftsmen of the fourth amendment felt that it was an implicit requirement for a reasonable search and seizure. However, until the recent case of Johnsonv. Commonwealth, a case of first impression, the Virginia Supreme Court had never made a determination of whether an unannounced or "no knock" entry could ever be reasonable within the meaning of the fourth amendment.
Constitutional Law-Search and Seizure-No Knock Entry Held Reasonable in Virginia When Exigencies Present,
U. Rich. L. Rev.
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