People v. Stevens

AFTER REMAND

Brickley, J.

We granted leave in this case to determine whether the Fourth Amendment requires the exclusion of evidence obtained under a valid search warrant, and during a search of proper scope, because of a violation of the “knock and announce” principles.1 If the Fourth Amendment does not require exclusion, then we must also determine whether evidence obtained after a violation of our “knock and announce” statute must be excluded. Given that the evidence would have been discovered despite any police misconduct and that excluding the evidence because of the misconduct puts the…