Hargrave v. Commonwealth

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 I, § 10 of the Virginia Constitution.

Isaac 0. Hargrave appeals his bench trial conviction for possession of cocaine with intent…