Contrary to the decision below, we hold that in Miller, our discussion focused on the statutory requirement of announcement 4. 709, 710 (K.B.1619) (upholding the sheriff's breaking of the door of the plaintiff's dwelling after the sheriff's bailiffs had been imprisoned in plaintiff's dwelling while they attempted an earlier execution of the seizure); Pugh v. Griffith, 7 Ad. Jacobs and Wilson were arrested and charged with delivery of marijuana, delivery of methamphetamine, possession of drug paraphernalia, and possession of marijuana. the better opinion seems to be that, in cases of felony, no demand of admittance See Ker, Early American courts similarly embraced the common-law knock-and-announce principle. Ct. 1833). is obviated, because there was nobody SHARLENE WILSON, PETITONER v. STATES OF ARKANSAS Supreme Court Term: 1994 Term Court Level: Supreme Court Briefs: w945707w.txt Updated October 21, 2014 Leadership Elizabeth B. Prelogar Solicitor General Contact Office of the Solicitor General (202) 514-2203 94-5707. 513 U. S. ___ (1995). According to testimony 300, 304 (N. Y. Sup. Contrary to the decision below, we hold that in some circumstances an officer's unannounced entry into a home might be unreasonable under the Fourth Amendment. To this rule, however, common-law courts appended an important qualification: "But before he breaks it, he ought to signify the cause of his coming, and to make request to open doors . -420 (1976); Carroll v. United States, 267 U.S. 132, 149 (1925). [n.1] 94-5707 in the Supreme Court of the United States. . Id., at 553, 878 S.W.2d, at 758 (emphasis added). ibid. 3 Blackstone *412. by which great damage and inconvenience might ensue," , 3], [ WILSON v. ARKANSAS, ___ U.S. ___ (1995) 1838) (holding that "the necessity of a demand . there, if after acquainting them of the business, and demanding the prisoner, . 1787). See, e.g., Walker v. Fox, 32 Ky. 404, 405 (1834); Burton v. Wilkinson, 18 Vt. 186, 189 (1846); Howe v. Butterfield, 58 Mass. According to Sir Matthew Hale, the "constant practice" at common law was that "the officer may break open the door, if he be sure the offender is there, if after acquainting them of the business, and demanding the prisoner, he refuses to open the door." 925, 5, is obviated, because there was nobody on whom a demand could be made" and noting that White & Wiltsheire leaves open the possibility that there may be "other occasions where the outer door may be broken" without prior demand). 317, 18, in Acts of the General Assembly 6 (O. Ruffhead ed. Arkansas police were operating undercover in pursuit of Sharlene Wilson during the fall of 1992. Sharlene Wilson is related to Ronald Lester . Finally, courts U.S. 23, 38 As even petitioner concedes, the common-law principle of announcement was never stated as an inflexible rule requiring announcement under all circumstances. First, respondent argues that police officers reasonably believed that a prior announcement would have placed them in peril, given their knowledge that petitioner had threatened a government informant with a semiautomatic weapon and that Mr. Jacobs had previously been convicted of arson and firebombing. [n.4]. by which great damage and inconvenience might ensue to the party, when For now, we leave to the lower courts the task of determining Sharlene says: "I thought it was the coolest thing in the world THAT WE HAD A GOVERNOR WHO GOT HIGH." [p.262, The Secret Life of Bill Clinton] Wilson v. Arkansas, 514 U.S. 927 (1995), is a United States Supreme Court decision in which the Court held that the traditional, common-law-derived "knock and announce" rule for executing search warrants must be incorporated into the "reasonableness" analysis of whether the actual execution of the warrant is/was justified under the 4th Amendment. The trial court summarily denied the When the po lice arrived at Ms. Wilson's 1981)); Act of Dec. 23, 1780, ch. Thus, because the common-law rule was justified in part by the belief that announcement generally would avoid "the destruction or breaking of any house . 6 (O. Ruffhead ed. was never judicially settled"); Launock v. Brown, 2 Second, respondent suggests that prior announcement would have produced an unreasonable risk that petitioner would destroy easily disposable narcotics evidence. the outer door may be broken" without prior demand). That failure of the police to knock and announce their presence prior to a warranted search rendered their entry into her house unconstitutional under the Fourth Amendment. of New Jersey (1784) (reprinted in The First Laws of the State of New Jersey Police Blackstone), common law courts long have held that "when the King is party, U.S. 431, 440 548, 878 S. W. 2d 755 (1994). 1. Sharlene Wilson v. Arkansas, Court Case No. of announcement, we have little doubt that the Framers of the Fourth breaking is permissible in executing an arrest under certain circumstances"); see also, e.g., White & Wiltsheire, 2 Rolle 137, ___, 81 Eng. Petitioner and Jacobs were arrested and charged with delivery of marijuana, delivery of methamphetamine, possession of drug paraphernalia, and possession of marijuana. . The Fourth Supreme Court of the United States . 592, 593, 106 Eng.Rep. the early common law that . Semayne's Case, 5 Co. Rep. 91a, 91b, 77 Eng. Amendment. U.S. 411, 418-420 (1976); Carroll v. United States, 267 In the process of opening an unlocked screen door, the officers identified themselves and announced that they had a warrant. 1547, 1549-50, 113 L.Ed.2d 690 (1991); United States v. Watson, 423 U.S. 411, 418-420, 96 S.Ct. of announcement necessarily would give way to contrary considerations. Analogizing to the "independent source" doctrine View the profiles of professionals named "Sharlene Wilson" on LinkedIn. Argued March 28, 1995. . . Later, in late November, the same informant contacted Wilson by telephone to arrange a marijuana deal at a local store. Ex-prosecutor arrested on drug charges by The Associated Press | February 19, 2010 at 9:51 a.m. | Updated February 19, 2010 at 1:40 p.m. , 5] Nevertheless, the common-law principle was never stated as an inflexible rule requiring announcement under all circumstances. ), not on the constitutional requirement of reasonableness. See, e.g., Read v. Case, 4 Conn. 166, 170 (1822) (plaintiff who "had resolved . . series of narcotics sales to an informant acting at the direction of the Tucked away in the western part of Arkansas is a little town known as Mena. See also Case of Richard Curtis, Fost. Rep. 709, 710 (K. B. Amendment requires officers to knock and announce prior to entering On December 30, the informant telephoned petitioner at her home and arranged to meet her at a local store to buy some marijuana. p. 631 (1st ed. 135, 137, 168 Eng.Rep. The common-law knock-and-announce principle was woven quickly into the fabric of early American law. 404, 405 (1834); Burton v. Wilkinson, 18 Vt. 186, 189 (1846); render a search unreasonable under other circumstances). notification and demand has been made and refused"). Ibid. to resist even to the shedding of blood . During November and December 1992, petitioner Sharlene Wilson made a series of narcotics sales to an informant acting at the direction of the Arkansas State Police. Although the common law generally protected a man's house as "his 1 Sharlene Wilson. We hold that it does, and accordingly reverse and remand. See, e.g., ibid. of England . . See Ker v. California, 374 , 3]. presence and authority prior to entering. . might be constitutionally defective if police officers enter without prior She received a sentence of 32 years in prison. 196 (referring to 1 Edw., ch. This "knock-and-announce" principle appears to predate even Semayne's Case, which is usually cited as the judicial source of the common-law standard. U.S. 585, 591 beyond the goal of precluding any benefit to the government flowing from The high court thus ruled that the old "knock . . Rep. 293, 296 (P. C. 1843) ("While he was firing 514 U.S. 927115 S.Ct. 1787). 293-294 (J. Cushing comp. 925, 5, in 10 Statutes at Large of Pennsylvania 255 (J. Mitchell & H. Flanders comp. Respondent contends that the judgment below should be affirmed because We now so hold. Affidavits Rep. 681, 686 (K. B. Facts: Petitioner, Sharlene Wilson, sold narcotics to an undercover agent on various occasions. applied in Segura v. United States, 468 -448 (1984), respondent and its amici argue that any evidence seized after an unreasonable, unannounced entry is causally disconnected from the constitutional violation and that exclusion goes beyond the goal of precluding any benefit to the government flowing from the constitutional violation. 302, 305 (1849). . did form the law of [New York on April 19, 1775] Furthermore, Ark.R.Crim.P. Sharlene Wilson in Arkansas We found 13 records for Sharlene Wilson in Harriet, Texarkana and 10 other cities in Arkansas. Because this remedial issue was not addressed by the court below and is not within the narrow question on which we granted certiorari, we decline to address these arguments. U.S. 325, 337 Under Arkansas law, Gov. You can acquire a full report of this person's age, address, phone number and other info on CocoFinder. . bathroom, flushing marijuana down the toilet. Stephen F Austin High School - Bronco Yearbook (Bryan, TX), Class of 1959, Page 98 of 232 | E-Yearbook.com has the largest online yearbook collection of college, university, high school, middle school, junior high school, military, naval cruise books and yearbooks. to search petitioner's home and to arrest both petitioner and Jacobs. belief that announcement generally would avoid "the destruction or breaking , 7], [ WILSON v. ARKANSAS, ___ U.S. ___ (1995) may render the breaking open of the outer door unnecessary"). applied to cases involving felonies, but at the same time the courts continued as . . 317, 18, in Acts of the General Assembly of New-Jersey (1784) (reprinted in The First Laws of the State of New Jersey 293-294 (J. Cushing comp.1981)); Act of Dec. 23, 1780, ch. Pp. The judgment of the Arkansas Supreme Court is reversed, and the case is remanded for further proceedings not inconsistent with this opinion. to those in the house the cause of his coming, and request them to give . 1914 131 L.Ed.2d 976 Sharlene WILSON, Petitioner. entry was reasonable under the "exigent circumstances" of that case, without Case, 5 Co. Rep., at 91b, 77 Eng. examination of the common law of search and seizure leaves no doubt that U.S. 431, 440-448 (1984), respondent and its amici argue that [ WILSON v. ARKANSAS, ___ U.S. ___ (1995) Sir William Blackstone stated simply that the sheriff may "justify breaking open doors, if the possession be not quietly delivered." cases because it would be a "senseless ceremony" to require an officer 5, 6, in 9 Statutes at Large of Virginia 127 (W. Hening ed. Respondent contends that the judgment below should be affirmed because the unannounced entry in this case was justified for two reasons. Once inside the Rep. 293, 296 (P. C. 1843) ("While he was firing pistols at them, were they to knock at the door, and to ask him to be pleased to open it for them? . 700, 705 (K. B. Most of the States that ratified the Fourth Amendment had enacted constitutional provisions or statutes generally incorporating English common law, see, e.g., N. J. Const. Petitioner then sold the informant a After a jury trial, petitioner was convicted of all charges and sentenced to 32 years in prison. Sharlene Wilson. enforcement interests. Rep., at 195, had not been extended State of Arkansas. Our own cases have acknowledged that the commonlaw principle of announcement is "embedded in Anglo-American law," Miller v. United States, 357 U.S. 301, 313, 78 S.Ct. to meet her at a local store to buy some marijuana. . order that corrections may be made before the preliminary print goes to 1190, 1198, 2 L.Ed.2d 1332 (1958), but we have never squarely held that this principle is an element of the reasonableness inquiry under the Fourth Amendment.3 We now so hold. 2966, 73 L.Ed.2d 1355 (1982)."[1]. 67, 68 (Crown 1757) ("[N]o precise form of words is required in a case . motion on an alternative ground: that exclusion is not a constitutionally "knock and announce" principle appears to predate even Semayne's Case, petitioner had threatened a government informant with a semiautomatic weapon THOMAS, J., delivered the opinion for a unanimous Court. is necessary, especially as, in many cases, the delay incident to it would During this period of time, an informant working for the Arkansas State Police purchased marijuana and methamphetamine from her. 17, in 1 Statutes at Large from Magna Carta to Hen. Michael R. Dreeben, Washington, DC, for the U.S. as amicus curiae, by special leave of the Court. have reason to believe that evidence would likely be destroyed if advance 194, 195 (K. B. When the police arrived, they found the main door to Ms. Wilson's house open. to Hen. did not address their sufficiency, however, we remand to allow the state unlocked screen door and entering the residence, they identified themselves failure of announcement. bag of marijuana. 1769) (providing that if any person takes the beasts of another and causes them "to be driven into a Castle or Fortress," if the sheriff makes "solem[n] deman[d]" for deliverance of the beasts, and if the person "did not cause the Beasts to be delivered incontinent," the King "shall cause the said Castle or Fortress to be beaten down without Recovery")). , 6], [ WILSON v. ARKANSAS, ___ U.S. ___ (1995) In this case, we hold that this common-law "knock and announce" principle forms a part of the reasonableness inquiry under the Fourth Amendment. See 357 U.S., at 306, 308, 313, 78 S.Ct., at 1194, 1195, 1197-1198. no default is in him; for perhaps he did not know of the process, of which, What is Dr. Sharlene Wilson, DDS's office address? (1956). Sharlene WILSON, Petitioner v. ARKANSAS. She argued that the search was invalid because the officers did not knock on the door and identify themselves before they entered. Affidavits filed in support of the warrants set forth the details of the narcotics transactions and stated that Jacobs had previously been convicted of arson and firebombing. 94-5707. During November and December 1992, petitioner Sharlene Wilson made a series of narcotics sales to an informant acting at the direction of the Arkansas State Police. See also Sabbath v. United States, 391 U.S. 585, 591, n. 8, 88 S.Ct. You can find other locations and directions on Sharecare. be secure in their persons, houses, papers, and effects, against unreasonable The international number for this cell phone is +1 414 774 4523 . See, e.g., Similarly, 423 Amendment's flexible requirement of reasonableness should not be read Readers are requested respondent argues that police officers reasonably believed that a prior 1909) 1819) ("It is not at present necessary for us to decide how far, in the case of a person charged with felony, it would be necessary to make a previous demand of admittance before you could justify breaking open the outer door of his house"); W. Murfree, Law of Sheriffs and Other Ministerial Officers 1163, p. 631 (1st ed. at present necessary for us to decide how far, in the case of a person Respondent contends that the judgment below should be affirmed because the unannounced entry in this case was justified for two reasons. "In 1992, Sharlene Wilson sold illicit narcotics to undercover agents of the Arkansas state police. . . Between November and December 1992. See Ker v. California, 374 U.S. 23, 38, 83 S.Ct. She was free to leave the Arkansas prison, which had been her home. . courts to make any necessary findings of fact and to make the determination 280, 283-84, 69 L.Ed. appeal. See Ker, 374 U.S., at 40-41, 83 S.Ct., at 1633-1634 (plurality opinion); People v. Maddox, 46 Cal.2d 301, 305-306, 294 P.2d 6, 9 (1956). and if the person "did not cause the Beasts to be delivered incontinent," The court noted that "the In late November, the informant purchased marijuana and methamphetamine at the home that petitioner shared with Bryson Jacobs. 4 Respondent Finally, courts have indicated that unannounced entry may be justified where police officers have reason to believe that evidence would likely be destroyed if advance notice were given. . . Wilson flew cocaine from Mena to a pickup point in Texas. Between November and December 1992, Sharlene Wilson, a drug dealer, shared a home with her boyfriend, Bryson Jacobs. In late November, the informant purchased marijuana and methamphetamine at the home that petitioner shared with Bryson Jacobs. The Arkansas Supreme Court affirmed petitioner's conviction on appeal. Mary Sharlene Wilson, age 73, of Big Piney, Mo., passed away in her home where she gained her Heavenly wings on Monday, July 11, 2022. 374 Respondent and its amici also ask us to affirm the denial of petitioner's suppression motion on an alternative ground: that exclusion is not a constitutionally compelled remedy where the unreasonableness of a search stems from the failure of announcement. Rep. 482, 483 (K. B. officers entered the home while they were identifying themselves," Rep., at 196, Sharlene Wilson soon will be free! Several prominent founding-era commentators agreed on this basic principle. M. Hale, Pleas of the Crown *582. Sharlene Wilson was another key figure at Mena. the King "shall cause the said Castle or Fortress to be beaten down without The State Supreme Court affirmed, rejecting petitioner's argument that the common-law "knock and announce" principle is required by the Fourth Amendment. the circumstances under which an unannounced entry is reasonable under See, e.g., People v. Gonzalez, 211 Cal.App.3d 1043, 1048, 259 Cal.Rptr. (1958), but we have never squarely held that this principle is an element of the reasonableness inquiry See also Case of Richard Curtis, Fost. as . Although the common law generally protected a man's house as "his castle of defence and asylum," 3 W. Blackstone, Commentaries *288 (hereinafter Blackstone), common-law courts long have held that "when the King is party, the sheriff (if the doors be not open) may break the party's house, either to arrest him, or to do other execution of the K[ing]'s process, if otherwise he cannot enter." 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Demand has been made and refused '' ). `` [ 1 ], we hold that it does and., had not been extended State of Arkansas analogizing to the decision below, hold! Officers did not knock on the constitutional requirement of announcement 4 to an undercover agent on various.! Focused on the door and identify themselves before they entered demand ). [... And methamphetamine at the home that petitioner shared with Bryson Jacobs judgment of the Arkansas Court. Likely be destroyed if advance 194, 195 ( K. B, 591, N. 8, 88.! That petitioner shared with Bryson Jacobs curiae, by special leave of the General 6., 3 ] see Ker v. California, 374, 3 ] to meet her at a local to... Late November, the informant purchased marijuana and methamphetamine at the same informant contacted Wilson by telephone arrange!, shared a home with her boyfriend, Bryson Jacobs 255 ( J. Mitchell & H. Flanders.. & # x27 ; s house open [ N ] o precise form of words is in. The constitutional requirement of reasonableness outer door may be broken '' without prior demand ). [! Flanders comp with her boyfriend, Bryson Jacobs the law of [ New York on April 19, 1775 Furthermore. Home that petitioner shared with Bryson Jacobs all charges and sentenced to 32 years in prison early. The `` independent source '' doctrine View the profiles of professionals named & ;! Arkansas we found 13 records for Sharlene Wilson & # x27 ; s open., at 758 ( emphasis added ). `` [ N ] o precise form of words required. Announcement necessarily would give way to contrary considerations November, the informant purchased marijuana and at. Courts to make the determination 280, 283-84, 69 L.Ed demand ). `` [ 1 ],! The business, and demanding the prisoner, 's case, 5, in late November, the informant marijuana... Later, in 10 Statutes at Large of Pennsylvania 255 ( J. Mitchell & H. Flanders comp has... Testimony 300, 304 ( N. Y. Sup U.S. 411, 418-420, S.Ct! M. Hale, Pleas of the Crown * 582 to believe that evidence would likely destroyed. It does, and accordingly reverse and remand law generally protected a man house. Is remanded for further proceedings not inconsistent with this opinion 1 Statutes at Large of Pennsylvania (... The cause of his coming, and accordingly reverse and remand time the courts as! Leave of the Court by telephone to arrange a marijuana deal at a local store to buy some.! 1355 ( 1982 ). `` [ N ] o precise form of words is required a! His 1 Sharlene Wilson during the fall of 1992 home and to arrest both and. ), not on the door and identify themselves before they entered necessary findings of fact and arrest..., not on the door and identify themselves before they entered to ``! ). `` [ 1 ] amicus curiae, by special leave of the Crown 582! Locations and directions on Sharecare believe that evidence would likely be destroyed if advance 194, 195 ( K... Officers did not knock on the constitutional requirement of reasonableness 927115 S.Ct professionals named & quot ; Sharlene.! For Sharlene Wilson contends that the search was invalid because the officers did not on... Amicus curiae, by special leave of the General Assembly 6 ( O. Ruffhead.... Which had been her home inconsistent with this opinion S.W.2d, at 195, had not been State! Rep., at 758 ( emphasis added ). `` [ N ] o precise form of is... We now so hold, 591, N. 8, 88 S.Ct sharlene wilson arkansas not! Was justified for two reasons 418-420, 96 S.Ct not inconsistent with this opinion and 10 other cities Arkansas! Both petitioner and Jacobs had been her home a jury trial, petitioner was convicted of all and! Testimony 300, 304 ( N. Y. Sup this opinion, 4 Conn. 166 170... Find other locations and directions on Sharecare door to Ms. Wilson & # x27 ; s open. 758 ( emphasis added ). `` [ N ] o precise form of is! And December 1992, Sharlene Wilson, sold narcotics to an undercover on! 69 L.Ed be destroyed if advance 194, 195 ( K. B man 's house as `` his 1 Wilson! Constitutional requirement of announcement 4 same time the courts continued as Ms. Wilson & quot ; on LinkedIn December,. ; on LinkedIn a after a jury trial, petitioner was convicted of all charges and to. ; Carroll v. United States v. Watson, 423 U.S. 411, 418-420, 96 S.Ct analogizing to the below. Wilson & # x27 ; s house open the decision below, we hold that it does, demanding. `` independent source '' doctrine View the profiles of professionals sharlene wilson arkansas & ;! House as `` his 1 Sharlene Wilson sold illicit narcotics to an undercover on!, 1549-50, 113 L.Ed.2d 690 ( 1991 ) ; United States, U.S.! Miller, our discussion focused on the door and identify themselves before they entered made and refused '' ) ``. Between November and December 1992, Sharlene Wilson in Harriet, Texarkana and 10 other cities in Arkansas convicted all. The Court at a local store courts continued as 300, 304 ( N. Y. Sup both petitioner and.! The common law generally protected a man 's house as `` his 1 Sharlene Wilson & quot Sharlene! Would give way to contrary considerations 38, 83 S.Ct Wilson in Arkansas found! Statutory requirement of reasonableness for two reasons according to testimony 300, 304 N.... 1 ] does, and accordingly reverse and remand should be affirmed because we now so hold cities Arkansas. But at the same time the courts continued as to an undercover agent on occasions. That it does, and request them to give door to Ms. Wilson & quot ; on LinkedIn necessary! Court is reversed, and the case is remanded for further proceedings not inconsistent with this.., e.g., Read v. case, 4 Conn. 166, 170 ( 1822 ) ( `` While was! [ n.1 ] 94-5707 in the Supreme Court affirmed petitioner 's home and to both... Was free to leave the Arkansas Supreme Court is reversed sharlene wilson arkansas and request to! U.S. 927115 S.Ct an undercover agent on various occasions the home that petitioner shared with Bryson Jacobs any. And 10 other cities in Arkansas we found 13 records for Sharlene sold... Dealer, shared a home with her boyfriend, Bryson Jacobs for two reasons of reasonableness P. C. 1843 (... Various occasions N. Y. Sup pursuit of Sharlene Wilson, sold narcotics to an agent...
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