ker california argued december decided june prohibition fourth amendment unreasonable searches seizures forbids federal government convict man crime using evidence obtained unreasonable search seizure enforceable fourteenth amendment sanction exclusion application constitutional standard prohibiting unreasonable searches seizures defined fourth amendment mapp ohio pp recognition standards reasonableness fourth amendment susceptible procrustean application carried forward amendment proscriptions enforced fourteenth amendment reasonableness search first instance substantive determination made trial facts circumstances case light fundamental criteria laid fourth amendment opinions applying amendment distinguished exercise supervisory powers federal courts findings reasonableness trial respected insofar consistent federal constitutional guarantees precluded developing working rules governing arrests searches seizures meet practical demands effective criminal investigation law enforcement provided rules violate constitutional proscription unreasonable searches seizures concomitant command evidence seized inadmissible one standing complain cal app cal rptr affirmed robert stanley argued cause filed brief petitioners gordon ringer deputy attorney general california argued cause respondent brief stanley mosk attorney general william james assistant attorney general wirin fred okrand paul cooksey filed brief american civil liberties union southern california amicus curiae urging reversal justice clark delivered opinion reference standard state searches seizures must evaluated part together opinion applying standard justice black justice stewart justice white join parts announced judgment case raises search seizure questions rule mapp ohio petitioners husband wife convicted possession marijuana violation california health safety code california district appeal affirmed cal app cal rptr despite contention petitioners arrests apartment without warrants lacked probable cause evidence seized incident thereto introduced trial therefore inadmissible california denied without opinion petition hearing first case arriving since opinion mapp afford suitable opportunity explication holding light intervening experience granted certiorari affirm judgment us state courts conviction affirmance based events culminated petitioners arrests sergeant cook los angeles county sheriff office negotiating purchase marijuana one terrhagen accompanied bowling alley july meet terrhagen connection terrhagen went inside returned shortly pointing desoto connection automobile explaining meet oil fields near fairfax slauson avenues los angeles neared location terrhagen pointed desoto traveling ahead stating connection kept supply narcotics somewhere hills parked near vacant fields vicinity intersection fairfax slauson shortly thereafter desoto reappeared pulled beside deputy recognized driver one roland murphy whose mug photograph seen knew narcotics officers seller marijuana currently bail connection narcotics charges terrhagen entered desoto drove toward oil fields murphy sergeant waited returned shortly terrhagen left murphy car carrying package marijuana entered vehicle drove terrhagen residence terrhagen cut one pound marijuana gave sergeant cook previously paid sergeant later reported occurrence los angeles county officers berman warthen latter observed occurrences well following day july murphy placed surveillance officer warthen observed episode previous night officer markman assigned duty evening followed murphy desoto drove bowling alley met terrhagen previous evening murphy went inside emerged minutes drove house made brief visit officers continued follow upon losing sight vehicle proceeded vicinity fairfax slauson avenues parked immediately across street location terrhagen sergeant cook met murphy previous evening officers observed parked automobile whose lone occupant later determined petitioner george douglas ker officers saw murphy drive past followed lost sight extinguished lights entered oil fields officers returned vantage point shortly thereafter observed murphy return park behind ker location approximately feet two vehicles watched field glasses murphy seen leaving desoto walking driver side ker car appeared conversation shortly distance twilight great officers see anything pass murphy ker whether former anything hands approached murphy ker talking officers driven past order see faces closely order take license number ker vehicle soon thereafter ker drove away officers followed lost made middle block drove opposite direction lost contact ker checked registration department motor vehicles ascertained automobile registered douglas ker slauson communicated information officer berman within minutes observing meeting ker murphy though officers warthen markman previous knowledge ker berman received information various times beginning november ker selling marijuana apartment possibly securing marijuana ronnie murphy alias roland murphy early officer berman received mug photograph ker inglewood police department testified may july received information ker one robert black previously given information leading least three arrests whose information believed berman reliable according officer berman black told four five occasions may ker others including purchased marijuana murphy armed knowledge meeting ker murphy berman information ker dealings murphy three officers fourth officer love proceeded immediately address obtained ker license number found automobile following learned ker parking lot building also ascertained someone kers apartment went office building manager obtained passkey apartment officer markman stationed outside window intercept evidence might ejected three officers entered apartment officer berman unlocked opened door proceeding quietly testified order prevent destruction evidence found petitioner george ker sitting living room identified stating sheriff narcotics officers conducting narcotics investigation petitioner diane ker emerged kitchen berman testified repeated identification immediately walked kitchen without entering observed open doorway small scale atop kitchen sink upon lay package containing green leafy substance recognized marijuana beckoned petitioners kitchen following denial knowledge contents package failure answer question ownership placed arrest suspicion violating state narcotic law officer markman testified entered apartment approximately minute minute half officers time officer berman placing petitioners arrest sequence events petitioner george ker testified arrest took place immediately upon officers entry saw brick marijuana kitchen subsequent arrest petitioners denial possession narcotics officers proceeding without search warrants found package marijuana kitchen cupboard another atop bedroom dresser petitioners asked automobile one observed officers george ker replied negative diane remained silent next day learned automobile registered name diane ker officer warthen searched car without warrant finding marijuana marijuana seeds glove compartment rear seat marijuana found kitchen scale found kitchen cupboard bedroom found diane ker automobile introduced evidence petitioners california district appeal affirming convictions found probable cause arrests entry apartment purpose arrest unlawful search incident arrests likewise lawful fruits admissible evidence petitioners conclusions essential affirmance since california held evidence obtained means unlawful searches seizures inadmissible criminal trials people cahan cal concluded view findings implied findings trial intervening decision mapp ohio supra justify change original conclusion cal app cal mapp ohio followed boyd held fourth amendment implemented clause fifth forbids federal government convict man crime using testimony papers obtained unreasonable searches seizures defined fourth amendment specifically held mapp constitutional prohibition enforceable fourteenth amendment means said mapp fourth amendment enforceable sanction exclusion used federal government application constitutional standard prohibiting unreasonable searches seizures face specific question whether mapp requires exclusion evidence case california district appeal held lawfully seized perhaps ironic initial test mapp holding comes california whose decision voluntarily adopt exclusionary rule commended us previously see mapp ohio supra elkins preliminary examination search seizures involved might helpful us indicate decided mapp first must recognized principles governing admissibility evidence federal criminal trials restricted derived solely constitution exercise supervisory authority administration criminal justice federal courts formulated rules evidence applied federal criminal prosecutions mcnabb cf miller nardone mapp however established assumption supervisory authority state courts cf cleary bolger consequently implied total obliteration state laws relating arrests searches favor federal law mapp sounded death knell federalism rather echoed sentiment elkins supra healthy federalism depends upon avoidance needless conflict state federal courts urging cooperation solution crime constitutional standards promoted recognition mutual obligation respect fundamental criteria approaches emphasis added second mapp attempt impossible task laying fixed formula application specific cases constitutional prohibition unreasonable searches seizures recognized met recurring questions reasonableness searches rate easonableness first instance trial determine thus indicating usual weight given findings trial courts mapp course lend detailed explication standards since search involved clearly unreasonable bore stamp legality even ohio true also elkins courts assumed unreasonableness search question invoked supervisory power administration criminal justice federal courts declaring evidence seized state officers inadmissible federal prosecution prosecution federal course announced test one federal law neither enlarged one state may countenanced diminished another may colorably suppressed significant elkins holding statement apposite fairly said applying fourth amendment seldom shown unaware practical demands effective criminal investigation law enforcement implicit fourth amendment protection unreasonable searches seizures recognition individual freedom safeguard declared essence constitutional liberty guaranty important imperative guaranties fundamental rights individual citizen gouled cf powell alabama language amendment general forbids every search unreasonable protects suspected known offenders well innocent unquestionably extends premises search made importing justice butler stated amendment liberally construed owe duty vigilance effective enforcement lest shall impairment rights protection adopted ibid also recognized formula determination reasonableness case decided facts circumstances ibid see rabinowitz rios recognition standards reasonableness fourth amendment susceptible procrustean application carried forward amendment proscriptions enforced fourteenth amendment although standard reasonableness fourth fourteenth amendments demands federal system compel us distinguish evidence held inadmissible supervisory powers federal courts held inadmissible prohibited constitution reiterate reasonableness search first instance substantive determination made trial facts circumstances case light fundamental criteria laid fourth amendment opinions applying amendment findings reasonableness course respected insofar consistent federal constitutional guarantees stated cases involving federal constitutional rights findings state courts means insulated examination see spano new york thomas arizona pierre louisiana sit nisi prius appraise contradictory factual questions necessary determination constitutional rights make independent examination facts findings record determine whether decision reasonableness fundamental constitutional criteria established respected thereby precluded developing workable rules governing arrests searches seizures meet practical demands effective criminal investigation law enforcement provided rules violate constitutional proscription unreasonable searches seizures concomitant command evidence seized inadmissible one standing complain see jones standard implies derogation uniformity applying federal constitutional guarantees recognition conditions circumstances vary investigative enforcement techniques applying federal constitutional standard proceed examine entire record including findings california courts determine whether evidence seized petitioners constitutionally admissible circumstances case ii evidence issue order admissible must product search incident lawful arrest since officers search warrant lawfulness arrest without warrant turn must based upon probable cause exists facts circumstances within officers knowledge reasonably trustworthy information sufficient warrant man reasonable caution belief offense committed brinegar quoting carroll accord people fischer cal bompensiero superior cal information within knowledge officers time arrived kers apartment california courts specifically found clearly furnished grounds reasonable belief petitioner george ker committed committing offense possession marijuana officers markman warthen observed rendezvous murphy ker evening arrest virtual reenactment previous night encounter murphy terrhagen sergeant cook concluded sale murphy terrhagen sergeant package marijuana latter paid terrhagen one pound received terrhagen encounter murphy sure distance lack light prevented officers seeing see substance pass two men virtual identity surrounding circumstances warranted strong suspicion one remaining element sale narcotics part encounter previous night ker arrest depend upon single episode murphy ker thwarted officer pursuit learned name address department motor vehicles reported occurrence officer berman berman turn revealed information informer whose reliability tested previously well sources ker selling marijuana apartment also likely source supply murphy information hearsay destroy role establishing probable cause brinegar supra draper held information reliable informer corroborated agents observations accuracy informer description accused presence particular place sufficient establish probable cause arrest without warrant corroborative elements draper innocuous informer tip personal observations connected ker specific illegal activities involving man murphy known marijuana dealer say coincidence information sufficient support reasonable belief officers ker illegally possession marijuana indulge understatement probable cause arrest petitioner diane ker present time officers entered apartment arrest husband nevertheless present time arrest upon entry announcement identity officers met george ker also diane ker emerging kitchen officer berman immediately walked doorway emerged without entering observed package marijuana plain view even assuming presence small room contraband prominent position kitchen sink alone establish reasonable ground officers belief joint possession husband fact accompanied officers information ker using apartment base operations narcotics activities therefore say time arrest sufficient grounds reasonable belief diane ker well husband committing offense possession marijuana presence officers iii contended lawfulness petitioners arrests even based upon probable cause vitiated method entry cases fourth amendment long recognized lawfulness arrests federal offenses determined reference state law insofar violative federal constitution miller supra di johnson fortiori lawfulness arrests state officers state offenses determined california law california penal code permits peace officers break dwelling place purpose arrest demanding admittance explaining purpose admittedly officers comply terms statute since entered quietly without announcement order prevent destruction contraband california district appeal however held circumstances came within judicial exception engrafted upon statute series decisions see people ruiz cal app people maddox cal cert denied noncompliance therefore lawful since petitioners federal constitutional protection unreasonable searches seizures police officers determined whether search incident lawful arrest warranted examining arrest determine whether notwithstanding legality state law method entering home may offend federal constitutional standards reasonableness therefore vitiate legality accompanying search find offensiveness facts assuming officers entry use key obtained manager legal equivalent breaking see keiningham app cir recognized early common law breaking permissible executing arrest certain circumstances see wilgus arrest without warrant rev indeed dealing execution search warrants federal officers authorizes breaking doors words similar california statute statutes including requirement notice authority purpose miller supra held unlawful arrest therefore accompanying search ground district columbia officers entering dwelling fully satisfy requirement disclosing identity purpose stated lawfulness arrest without warrant determined reference state law like reasoning validity arrest petitioner determined reference law district columbia parties conceded accepted criteria testing arrest district columbia law substantially identical requirements however criteria california law clearly include exception notice requirement exigent circumstances present moreover insofar violation federal statute required exclusion evidence miller case inapposite state prosecutions admissibility governed constitutional standards finally basis judicial exception california statute expressed justice traynor people maddox cal effectively answers petitioners contention must borne mind primary purpose constitutional guarantees prevent unreasonable invasions security people persons houses papers effects officer reasonable cause enter dwelling make arrest incident arrest authorized make reasonable search entry search unreasonable suspects constitutional right destroy dispose evidence basic constitutional guarantees violated officer succeeds getting place entitled quickly complied section moreover since demand explanation requirements section codification common law may reasonably interpreted limited common law rules compliance required officer peril increased arrest frustrated demanded entrance stated purpose read case see torts com without benefit hindsight ordinarily spur moment officer must decide questions first instance iv held petitioners arrests lawful remains consider whether search produced evidence leading convictions lawful incident arrests doctrine search without warrant may lawfully conducted incident lawful arrest long recognized consistent fourth amendment protection unreasonable searches seizures see marron harris abel kaplan search seizure land criminal law cal rev cases imposed requirement arrest authority arrest warrant lawful see marron supra rabinowitz supra cf agnello question remains whether officers action exceeded recognized bounds incidental search petitioners contend search unreasonable officers practicably obtained search warrant practicability obtaining warrant controlling factor search sought justified incident arrest rabinowitz supra need rest validity search rabinowitz since agree california time clearly essence officers observations corroboration furnished probable cause george ker arrest occurred approximately one hour time arrest officers reason act quickly ker furtive conduct likelihood marijuana distributed hidden warrant obtained time night thus facts bear resemblance trupiano federal agents three weeks possession knowledge sufficient secure search warrant search petitioners apartment well within limits upheld harris supra also concerned private apartment dwelling evidence unlike harris instrumentality crime petitioners arrested record indicate search extensive time area upheld harris petitioners remaining contention discovery brick marijuana justified incidental arrest since preceded arrest contention course contrary george ker testimony reject event arrest may used merely pretext search without warrant california specifically found record supports officers entered apartment purpose arresting george ker probable cause make arrest prior entry say unreasonable officer berman upon seeing diane ker emerge kitchen merely walk doorway adjacent room thus agree california holding discovery brick marijuana constitute search since officer merely saw placed full view lee lefkowitz people west cal app therefore california law require arrest precede incidental search long probable cause exists outset willson superior cal california rely rule need reach question status federal constitution petitioners state record bears officers searched diane ker automobile day subsequent arrest reasonableness search however raised petition certiorari discussed brief ordinarily reach constitutional questions raised parties mazer stein extend review beyond specific federal questions properly raised state record gives indication issue raised trial district appeal latter adjudicate therefore find reason reach record reasons judgment california district appeal affirmed footnotes hearing motion see note supra black testified defense admitting knew petitioners denying gave officer berman information george ker black first denied admitted met officer berman another officer whose presence berman said information ker given arresting officers berman warthen attached narcotics detail los angeles county sheriff office three four years respectively participated hundreds arrests involving marijuana warthen testified many many occasions experience narcotics arrests persons flushed narcotics toilets pushed drains sinks many methods getting rid prior entrance reasons discussed opinion find validity search automobile us therefore pass right people secure persons houses papers effects unreasonable searches seizures shall violated warrants shall issue upon probable cause supported oath affirmation particularly describing place searched persons things seized person shall compelled criminal case witness holding enforceability federal constitutional rule source following declaration wolf colorado security one privacy arbitrary instrusion police core fourth amendment implicit concept ordered liberty enforceable due process clause draper arrest upon probable cause authorized authorizing narcotics agents make arrest without warrant reasonable grounds believe person arrested committed committing violation california penal code officer may arrest without warrant reasonable cause believe person arrested committed felony make arrest cases peace officer may break open door window house person arrested reasonable grounds believing demanded admittance explained purpose admittance desired officer may break open outer inner door window house part house anything therein execute search warrant notice authority purpose refused admittance necessary liberate person aiding execution warrant rejected proposition noncompliance may reasonable exigent circumstances subsequent miller wong sun held federal officers complied executing arrest noted miller reserved question exception exigent circumstances stated ere miller government claims extraordinary circumstances imminent destruction vital evidence need rescue victim peril excused officer failure truthfully state mission broke search record aid hindsight may lend support conclusion contra reasonable belief officers petitioners may prepared imminent visit police goes without saying determining lawfulness entry existence probable cause may concern officers reason believe time entry johnson said di search made legal turns law good bad starts change character dug subsequently emphasis added cases search regarded incident arrest petitioner present time entry search absence compelling circumstances threat destruction evidence supported holding searches without warrants unconstitutional see chapman jeffers taylor compare johnson note supra held search justified incident arrest since officers prior entry hotel room probable cause arrest occupant stated officer gaining access private living quarters color office law personifies must valid basis law intrusion course probable cause arrest petitioner george ker provided valid basis record shows petitioners made objection admission evidence thus failing observe state procedural requirement people brittain cal app see mapp ohio supra however district appeal passed issue narcotics seized apartment presumably ground petitioners preserved question motion california penal code directed toward principal objection search alleged lack probable cause question proper presentation federal claim highest state passes raley ohio indication opinion passed issue search automobile indication petitioners briefs issue presented justice harlan concurring result heretofore line demarcation constitutional principles governing standards state searches seizures controlling federal activity kind federal searches seizures subject requirement reasonableness contained fourth amendment requirement elaborated years federal litigation state searches seizures hand judged view properly flexible concept fundamental fairness rights basic free society embraced due process clause fourteenth amendment see wolf colorado cf rochin california palko connecticut today distinction constitutional principle abandoned henceforth state searches seizures judged constitutional standards apply federal system opinion extension federal power state criminal cases cf fay noia douglas california draper washington decided weeks ago quite uncalled unwise uncalled generally particularly california increasingly evidencing concern improving criminal procedures recently observed one occasion see gideon wainwright ante fourteenth amendment requirements fundamental fairness stand bulwark serious local shortcomings field rule unwise differing law enforcement problems put constitutional strait jacket also likely placed atmosphere uncertainty since decisions realm search seizure hardly notable predictability cf harris appendix dissenting opinion justice frankfurter latter point indeed forcefully illustrated fact first application new constitutional rule majority finds equally divided prepared relax fourth amendment standards order avoid unduly fettering derogation law enforcement standards federal system unless fourth amendment mean one thing something else federal government see good coming constitutional adventure judging state searches seizures continue adhere established fourteenth amendment concepts fundamental fairness judging case concur result mapp ohio purport change standards state searches seizures judged rather held exclusionary rule weeks applicable justice brennan chief justice justice douglas justice goldberg join join part justice clark opinion holding therein said mapp fourth amendment enforceable sanction exclusion used federal government application constitutional standard prohibiting unreasonable searches seizures brother harlan dissents holding judge state searches seizures flexible concept fundamental fairness rights basic free society embraced due process clause fourteenth amendment however justice clark justice black justice stewart justice white believe federal requirement reasonableness contained fourth amendment violated case chief justice justice douglas justice goldberg contrary view even premise probable cause federal standards arrest george ker arrests petitioners nevertheless illegal unannounced intrusion arresting officers apartment violated fourth amendment since arrests illegal mapp ohio requires exclusion evidence product search incident arrests even probable cause exists arrest person within fourth amendment violated unannounced police intrusion private home without arrest warrant except persons within already know officers authority purpose officers justified belief persons within imminent peril bodily harm within made aware presence someone outside example knock door engaged activity justifies officers belief escape destruction evidence attempted firmly established long adoption bill rights fundamental liberty individual includes protection unannounced police entries fourth amendment embody principle english liberty principle old yet newly finds another expression maxim every man home castle fraenkel concerning searches seizures harv rev frank maryland dissenting opinion early semayne case eng declared cases king party sheriff doors open may break party house either arrest execution ing process otherwise enter breaks signify cause coming make request open doors emphasis supplied century later leading commentators upon english criminal law affirmed continuing vitality principle hale pleas crown see also hawkins pleas crown ed foster crown law perhaps emphatic confirmation supplied years ratification bill rights curtis case fost eng decided defendant trial murder crown officer attempting entry serve arrest warrant pleaded officer failed adequately announce mission breaking doors forceful resistance entry justified killing therefore justifiable homicide recognizing defense repeated principle legal warrant arrest breach peace may break open doors demanded admittance given due notice warrant continued precise form words required case kind sufficient party hath notice officer cometh mere trespasser claiming act proper authority eng emphasis supplied principle confirmed long fourth amendment became part constitution abbott said launock brown ald eng clearly opinion case misdemeanour previous demand requisite reasonable law previous demand made possible party know object person breaking open door may right consider aggression private property justified resisting utmost division opinion among learned authors even officer may power break open door without warrant lawfully unless first notifies occupants purpose demand entry accarino app maxim law every man house castle effect restrain officer law breaking entering purpose serving criminal process upon occupant case house party sanctuary may forcibly entered officer proper notification purpose entry demand upon inmates open house refusal barnard bartlett cush mass cf state smith moreover addition carrying forward protections already afforded english law framers also meant fourth amendment eliminate odious practice searches general warrants writs assistance english law generally left helpless colonial experience writs unmistakably fresh memories achieved independence established form government boyd supra problem entry general warrant course exactly unannounced intrusion arrest warrant upon probable cause two practices clearly invited common abuses one grounds james otis eloquent indictment writs bears repetition one essential branches english liberty freedom one house man house castle whilst quiet well guarded prince castle writ declared legal totally annihilate privilege officers may enter houses please commanded permit entry menial servants may enter may break locks bars every thing way whether break malice revenge man inquire bare suspicion without oath sufficient tudor life james otis much late day deny lawful entry essential vindication protections fourth amendment example probable cause arrest search warrant search incidental arrest settled gouled lawful entry indispensable predicate reasonable search held search violate fourth amendment entry illegal whether accomplished force illegal threat show force obtained stealth instead force coercion similarly rigid restrictions upon unannounced entries essential fourth amendment prohibition invasion security privacy home meaning true course decision forbids federal officers arrest search unannounced entry miller rest upon constitutional doctrine rather upon exercise supervisory powers disposition way implied result compelled fourth amendment miller simply instance usual practice decide constitutional questions nonconstitutional basis decision available see international assn machinists street result drew upon analogy federal statute similar terms federal officers concededly complied entering make arrest nothing said miller much intimated without basis decision fourth amendment required result implication indeed quite contrary history adduced miller support nonconstitutional ground persuasively demonstrates fourth amendment protections include security householder unannounced invasions police ii command fourth amendment reflects lesson history breaking outer door general violent obnoxious dangerous proceeding adopted extreme cases immediate arrest requisite burn justice peace ed found english decision clearly recognizes exception requirement police first give notice authority purpose forcibly entering home exceptions early sanctioned american cases read case rigidly narrowly confined situations within reason spirit general requirement specifically exceptional circumstances thought exist one element facts surrounding particular entry support finding within actually knew must known officer presence purpose seek admission cf miller supra example earliest exception seems case escape arrest officer fresh pursuit offender house takes refuge may break doors recapture case felony without warrant without notice demand admission house offender wilgus arrest without warrant rev rationale exception clear serves underscore consistency purpose general requirement notice circumstances escape hot pursuit arresting officer leave doubt fleeing felon aware officer presence purpose pausing threshold make ordinarily requisite announcement demand superfluous act law require exceptions heretofore permitted unannounced entries absence awareness part occupants unless possibly officers justified belief someone within immediate danger bodily harm two reasons rooted constitution clearly compel courts refuse recognize exceptions situations showing within made aware officers presence first exception requiring showing awareness necessarily implies rejection inviolable presumption innocence excuse failing knock announce officer mission occupants oblivious presence almost automatic assumption suspect within resist officer attempt enter peacefully frustrate arrest attempt escape attempt destroy whatever possibly incriminating evidence may assumptions obvious violence presumption innocence indeed violence compounded another assumption also necessarily involved suspect officer first makes known presence violate law need hardly said every suspect fact guilty offense suspected everyone fact guilty forcibly resist arrest attempt escape destroy evidence second reason absence showing awareness occupants officers presence purpose loud noises running within amount ordinarily least ambiguous conduct decisions related contexts held ambiguous conduct form basis belief officers escape destruction evidence attempted wong sun miller supra beyond constitutional considerations practical hazards law enforcement militate strongly relaxation requirement awareness first cases mistaken identity surely novel investigation crime possibility real police may misinformed name address suspect material information possibility good reason holding tight rein judicial approval unannounced police entries private homes innocent citizens suffer shock fright embarrassment attendant upon unannounced police intrusion second requirement awareness also serves minimize hazards officers dangerous calling expressly recognized miller supra compliance federal notice statute also safeguard police might mistaken prowlers shot fearful householder indeed one principal objectives english requirement announcement authority purpose protect arresting officers shot trespassers previous demand made possible party know object person breaking open door may right consider aggression private property justified resisting utmost launock brown ald eng compelling considerations underlie constitutional barrier recognition exceptions predicated knowledge awareness officers presence state federal officers common obligation respect basic constitutional limitation upon police activities reject contention courts enforcing respect part officers state federal create serious obstacles effective law enforcement federal officers operated five years miller rule discernible impairment ability make effective arrests obtain important narcotics convictions even true state city police generally less experienced less resourceful federal counterparts experience police force involved case california general exclusionary rule adopted judicially goes far toward refuting suggestion see elkins fourth amendment protections unlawful search seizure contract expand depending upon relative experience resourcefulness different groups officers declared mapp rights fourth amendment lesser dignity liberties bill rights absorbed fourteenth longer permit revocable whim police officer name law enforcement chooses suspend enjoyment thought words laid rest problems constitutional dissonance fear present case soon revives iii turn reasons believing arrests petitioners illegal brother clark apparently recognizes element kers prior awareness officers presence essential least highly relevant validity officers unannounced entry ker apartment says ker furtive conduct eluding shortly arrest ground belief might well expecting police emphasis supplied test fresh pursuit exception brother clark apparently seeks invoke depends course upon mere conjecture whether within might well expecting police upon whether evidence shows occupants fact aware police visit kers wholly oblivious officers presence possible inference uncontradicted facts fresh pursuit exception therefore clearly unavailable officers let passkey proceeding quietly brother clark says george ker sitting living room reading newspaper wife busy kitchen marijuana moreover full view top kitchen sink convincing evidence complete unawareness imminent police visit hardly imagined indeed even conjecture kers might well expecting police support record conjecture made rest entirely upon unexplained made ker car officers lost rendezvous oil fields surely must disregarded wholly ambiguous conduct absolutely proof driver ker car knew officers following cf miller supra wong sun supra brother clark invokes chiefly however exception allowing unannounced entry officers reason believe someone within attempting destroy evidence minimal conditions application exception present case uncontradicted record kers completely unaware officers presence uncontradicted record absolutely activity within apartment justify officers belief anyone within attempting destroy evidence plainly enough kers left marijuana full view top sink wholly oblivious police trail brother clark recognizes evidence whatever activity apartment thus forced find requisite support element exception officers testimony experience investigation narcotics violations narcotics suspects responded police announcements attempting destroy evidence clearly basis exception fails meet requirements fourth amendment police experience pursuing narcotics suspects justified unannounced police intrusion home fourth amendment afford protection recognition exceptions great principles always creates course hazard exceptions devour rule mere police experience offenders attempted destroy contraband justifies unannounced entry case cures total absence evidence awareness officers presence even attempt particular case perceive logical basis distinguishing unannounced police entries homes make arrests crime involving evidence kind police experience indicates might quickly destroyed jettisoned moreover experience without completely excuses failure arresting officers entry hour day night either announce purpose threshold ascertain occupant already knows presence likewise logical ground distinguishing stealthy manner entry case effected violent manner usually associated totalitarian police breaking door smashing lock brother clark correctly state law violative federal constitution may defer state law gauging validity arrest fourth amendment since california law arrest called question patently violates fourth amendment law constitutionally provide basis affirming convictions case conflicting testimony pro con existence elements requisite finding basis application exception agree ordinarily constrained accept state resolution factual conflicts however facts uncontradicted kers completely oblivious presence officers engaged activity kind indicating attempting destroy narcotics duty decide whether officers testimony general experience narcotics suspects destroy evidence forewarned officers presence satisfies constitutional test application exception manifestly hold testimony satisfy constitutional test subjective judgment police officers constitutionally substitute always considered necessarily objective inquiry namely whether circumstances exist particular case allow unannounced police entry occasion decide many situations exercise supervisory power conduct federal officers exclude evidence also situations require exclusion evidence state criminal proceedings constitutional principles extended mapp conduct effecting arrest clearly transgresses rights guaranteed fourth amendment conduct brought arrest petitioners surely reverse judgment federal prosecution involving federal officers since decision mapp made guarantees fourteenth amendment coextensive fourth pronounce precisely judgment upon conduct state officers hale view representative man arrests upon suspicion felony may break open doors party refuse upon demand open hale pleas crown see generally miller accarino app thomas execution warrants arrest crim rev compare also statement bayley burdett abbot east eng every breach peace public considered interested execution process offender assertion public right cases apprehend officer right break open outer door provided request admission first made purpose denial parties within see generally gatewood app bishop new criminal procedure ed varon searches seizures immunities day berkman search seizure exclusionary rule wake mapp ohio west res rev code tit rev stat ann deering cal penal code stat ann idaho code burns ind ann stat iowa code ann stat rev stat dart la crim code art stat ann stat ann miss code mo rev stat mont rev code neb rev stat rev stat mckinney crim code stat page ohio rev code ann stat tit rev stat code code code ann utah code ann rev code wyo comp stat compare code crim american law institute official draft right officer break building officer order make arrest either virtue warrant authorized make arrest felony without warrant provided section may break open door window building person arrested reasonably believed refused admittance announced authority purpose see also henry lasson history development fourth amendment constitution ii barrett personal rights property rights fourth amendment review comment search seizure shadows fourth amendment chi rev compare skinner comb eng lasson history development fourth amendment constitution two respects practice unannounced police entries night also considerably offensive rights protected fourth amendment use administrative powers entry concerning constitutionality divided sharply frank maryland supra ohio ex rel eaton price since brother clark rely upon either decisions occasion discuss applicability either case bar consideration problems raised cases see generally waters rights entry administrative officers chi rev comment state health inspections unreasonable search frank exclusion civil searches rev clear whether english law ever recognized exception requirement notice awareness see genner sparks mod eng stated english annotator note semayne case supra man legally arrested escapeth officer taketh shelter though house officer may upon fresh suit break open doors order retake first given due notice business demanded admission refused eng views commentators ambiguous point see hawkins pleas crown ed blackstone view case felony actually committed dangerous wounding whereby felony like ensue constable may upon probable suspicion arrest felon purpose authorized upon justice warrant break open doors even kill felon otherwise taken commentaries see professor wilgus comment doors broken must necessity notice authority purpose make arrest must given demand refusal admission must made unless already understood peril increased wilgus arrest without warrant rev emphasis supplied cf accarino app compare lord mansfield statement rationale requirement announcement demand admission ground otherwise consequences fatal leave family within naked exposed thieves robbers much better therefore says law wait another opportunity act violence may probably attended dangerous consequences lee gansel cowp eng comment rooke ratcliffe burton bos pul eng relevant privilege allowed sheriffs officers permitted effect search violence without making demand possibly complied consequently violence rendered unnecessary view requirement notice awareness parallel historic english requirement arresting officer must give notice authority purpose one arrest absence notice unless person arrested already knew officer authority mission justified resisting force might charged additional crime injury officer resulted origin doctrine appears mackalley case eng see also rex george ct app regina beaudette crim cases ont ct compare people potter cal app noncompliance excused defendant known convicted three previous robberies suspected fourth though fact upon entering hotel room unannounced means key obtained manager officers found defendant bed lights unarmed entry occurred midnight importance consideration aptly expressed long ago health ratcliffe burton bos pul eng law england founded reason never authorises outrageous acts breaking open every door lock man house without declaration authority done conduct must tend create fear dismay breaches peace provoking resistance doctrine attended great mischief persons process issued persons also since must equally hold good cases process upon escape party taken refuge house stranger shall said case officer may break open outer door stranger house without declaring authority acts making demand admittance entry books pleading cited support justification semayne case direct authority see also mcdonald concurring opinion justice jackson comment many homeowners city doubtless armed woman sees strange man plain clothes prying bedroom window climbing natural impulse shoot see kamisar public safety individual liberties facts theories crim criminology police science rogge book review harv rev compare justice traynor recent comment nevertheless still confronts special new responsibility sooner later must establish ground rules unreasonableness counter whatever local pressures might spare evidence spoil exclusionary rule responsibility thus exercise restraining influence looms heavy one mean task formulate farsighted constitutional standards unreasonable lend readily application traynor mapp ohio large fifty duke problems raised case certainly novel history law enforcement one earliest cases field decided three centuries ago involved facts strikingly similar instant case case waterhouse saltmarsh hob eng arose service sheriff several bailiffs execution upon bankrupt officers entered outer door house means described ran chamber plaintiff wife bed doors lockt knocking little without telling wherefore came brake open door took sheriff fined substantial sum later described collateral proceeding unnecessary outrage terror arrest signifying sheriff door might opened without violence eng compare another early case involving similar problems park evans hob eng star chamber held unlawful entry effected force entering officers knocked failed identify authority purpose star chamber concluded opening door occasioned craft used violence intended doubt concerning scope california test may survived people maddox cal must removed later case people hammond cal reasonable cause make arrest facts known arresting officer entry inconsistent good faith belief part compliance formal requirements section excused failure comply therewith invalidate search seizure made incident ensuing arrest think unfortunate accepts judgment intermediate california appellate crucial question california law means certain california final arbiter questions california law condoned willingness district appeal excuse noncompliance california statute facts case view california scope exception see people martin cal people carswell cal people hammond cal examination california decisions excused noncompliance reveals narrow scope exceptions heretofore recognized confined part cases officers entered response cries victim apparently imminent danger people roberts cal first knocked door knew seen door actually heard observed destruction evidence crime come arrest occupants see people moore cal app people steinberg cal app people williams cal app cal rptr people fisher cal app cal rptr see generally summary discussion california cases involving various grounds noncompliance fricke california criminal evidence ed comment two years cahan rule stan rev