An officer about to execute a search warrant has a sudden feeling that the occupants might resist, making the officer fearful. The officer has no facts or circumstances to support this belief. The most legally sound course of action would be to _____.

Question

Quizplus · Accepted Answer

The officer must still comply with the knock and announce rule, even if they have a sudden feeling of apprehension. This is to ensure the safety of both the officer and the occupants of the residence. If the officer has a genuine concern for their safety, they can request additional backup or support from their supervisor. Breaking in without notice or surreptitiously entering would be illegal and could potentially result in the evidence being thrown out in court. Getting permission from a supervisor to break in is also not a valid course of action, as the officer still has to follow the knock and announce rule unless there are exigent circumstances.

An Officer About to Execute a Search Warrant Has a Sudden