In Massachusetts, police executing an arrest or search warrant at a private dwelling must āknock and announceā their presence and purpose before making entry.
The āknock and announceā requirement is based on common law (not the constitution) and it has several justifications which include,
- The safety of the dwellingsā residents;
- The safety of the officers executing the warrant;
- The protection of privacy; and
- The prevention of property damage.
There are, of course, situations where officers may dispense with the requirement. Police are not required to announce their presence when doing so would
- Create a safety risk for officers or occupants at the dwelling;
- Result in the likely destruction of evidence; or
- Facilitate the suspectās escape.
Additionally, officers do not need to knock and announce their presence when the suspect is already aware of their presence.
Lastly, Massachusetts courts have held that
A consensual entry by the police, even if obtained by ruse or trickery, will not violate the rule.
For āentry by ruseā see Commonwealth v. Goggin, 412 Mass. 200 (1992). For a more general discussion of the āknock and announceā requirement see Commonwealth v. Antwine, 417 Mass. 637 (1994). Finally, the statutory laws concerning warrants can be found in M.G.L. c. 276, Sections 1 to 8.