Richards v. Wisconsin, 520 U.S. 385, 11 (1997)

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Cite as: 520 U. S. 385 (1997)

Opinion of the Court

should be required to make it whenever the reasonableness of a no-knock entry is challenged.

III

Although we reject the Wisconsin court's blanket exception to the knock-and-announce requirement, we conclude that the officers' no-knock entry into Richards' motel room did not violate the Fourth Amendment. We agree with the trial court, and with Justice Abrahamson, that the circumstances in this case show that the officers had a reasonable suspicion that Richards might destroy evidence if given further opportunity to do so.6

The judge who heard testimony at Richards' suppression hearing concluded that it was reasonable for the officers executing the warrant to believe that Richards knew, after opening the door to his motel room the first time, that the men seeking entry to his room were the police. App. 54. Once the officers reasonably believed that Richards knew who they were, the court concluded, it was reasonable for them to force entry immediately given the disposable nature of the drugs. Id., at 55.

In arguing that the officers' entry was unreasonable, Richards places great emphasis on the fact that the Magistrate who signed the search warrant for his motel room deleted the portions of the proposed warrant that would have given the officers permission to execute a no-knock entry. But this fact does not alter the reasonableness of the officers' decision, which must be evaluated as of the time they entered the motel room. At the time the officers obtained the warrant, they did not have evidence sufficient, in the judgment of the Magistrate, to justify a no-knock warrant. Of course,

6 We note that the attorneys general of 26 States, the Commonwealth of Puerto Rico, and the Territory of Guam filed an amicus brief taking the position that the officers' decision was reasonable under the specific facts of this case, but rejecting Wisconsin's per se rule. See Brief for Ohio et al. as Amici Curiae.

395

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