State v. Harada

Dissenting Opinion by

RAMIL, J.

My disagreement with the majority centers on the proper scope of the knock and announce rule. Here, Harada voluntarily opened the door three-feet-wide (or three-quarters of the way open). After realizing that officers were outside, Harada attempted to close the door. In response, Officer Ber-mudes entered and prevented the door from being shut.1 I believe that the door in this case is “open” for purposes of the knock and announce statute2 and, therefore, the subsequent use of force in keeping the door open must be analyzed under the constitutional reasonableness…