Commonwealth v. Balliet

I respectfully dissent. In light of constitutional considerations, the “knock and announce” rule, and clear-cut case *242law in this Commonwealth, I believe that the trial court correctly suppressed the evidence seized in the instant case. In reaching this conclusion, I acknowledge that when it comes to unoccupied dwellings, it is futile to require the authorities to knock and announce their identity and purpose and wait for a refusal of entry from someone who is not there. See Commonwealth v. Baker, 361 Pa.Super. 401, 522 A.2d 643 (1987). The simple fact that there was no response to their…