HARGRAVE v. COM.

Record No. 1038-94-2.

464 S.E.2d 176 (1995)

21 Va. App. 320

Isaac Oneal HARGRAVE v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Richmond.

December 5, 1995.


Attorney(s) appearing for the Case

Mary Katherine Martin, Assistant Public Defender (Office of the Public Defender, on brief), for appellant.

Kathleen B. Martin, Assistant Attorney General (James S. Gilmore, III, Attorney General, on brief), for appellee.

Present: BENTON, COLEMAN, JJ., and COLE, Senior Judge.


COLEMAN, Judge.

In this appeal, we find that the failure of the police officers executing a search warrant to wait more than two or three seconds after knocking and announcing their presence before making a forced entry was unreasonable under the circumstances. We hold, therefore, that the entry violated the appellant's constitutional protections against unreasonable searches and seizures guaranteed by the Fourth Amendment of the United States Constitution and Article...

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