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United States v. Banks | 540 U.S. 31 (2003)

The Fourth Amendment generally requires police officers executing a search warrant to knock, announce themselves, and wait a reasonable amount of time for a response before forcibly entering a residence. But what constitutes a reasonable amount of time remains an intensely debated issue, and courts’ rulings vary based on the specific circumstances of each case. In United States versus Banks, the United States Supreme Court addressed how long officers must wait to enter by force when they believe evidence may be imminently destroyed.

Officers with a warrant to search Lashawn Banks’s home for cocaine knocked once on the front door, identified themselves, and announced that they had a search warrant. After fifteen to twenty seconds with no response, officers broke down the door with a battering ram. The search uncovered cocaine and drug paraphernalia. Banks was unaware of the officers’ presence until they entered his home because he’d been in the shower and didn’t hear them.

Banks filed a motion to suppress evidence from the search, arguing that the officers failed to wait a reasonable amount of time before forcibly entering his home. The district court denied the motion. Banks pled guilty to possession with intent to distribute.

On appeal, the Ninth Circuit reversed the district court and ordered the evidence suppressed. The United States Supreme Court granted cert.

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