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What is the knock and announce rule in NJ?

It is essential that citizens are aware of their rights when it comes to being arrested. Unfortunately, many people are not aware of their rights and believe that law enforcement officers have free reign. This is not the case and there are situations where law enforcement diverts from protocol, which can ultimately result in a defense for the person charged with the crime. One important topic for clients to be aware of is the knock and announce rule.
The knock and announce rule requires that police officers knock on your door and announce their presence prior to entering. They must explain why they are forcibly entering the residence and should state they are there to make an arrest. In addition, they are required to wait a reasonable time before continuing with a forced entry if no one answers.
If the police comes to your home with an arrest warrant but not a search warrant, they are required to follow the knock and announce rule. Law enforcement is permitted to enter your home to arrest you and remain with you, but not search your home unless provided a search warrant.
There are three exceptions to the knock and announce rule. Police officers are exempt from the knock and announce rule if they need to enter immediately in order to make sure evidence is preserved, if the officer would be put in further danger by announcing themselves, or if the arrest would be compromised by making this announcement.
If you believe you have been arrested out of police protocol, you should consult with an experienced criminal defense attorney who can assess your case.

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