Scull v. THE STATE

Hall, Presiding Judge.

"At common law after Semayne’s Case in 1603, no officer executing a search warrant . . . could force his way into a private dwelling without first knocking and giving notice of his authority. The reason for this rule was originally said to be grounded on the fear of unnecessary damage to private property caused by officers breaking into houses where they might, had they asked, have been admitted freely. [77 Eng. Rep. 194, 196 (1603)] In discussing this principle, therefore, we must note carefully that it applies only in those cases where the officers, acting under a…