A Question for Originalists Who Think Hudson v. Michigan Was Wrongly Decided
Here is a question for originalists who think that the Supreme Court deviated from the right originalist result in Hudson v. Michigan:
What is the first known case of any court in any country suppressing evidence for failure to comply with the knock-and-announce rule?
I realize that the “past practice” question can be unfair when law enforcement practices have changed, but I gather that concern isn’t applicable here: Warrants are executed today pretty much as they have been executed for hundreds of years. All agree that the knock and announce practice goes back several hundred years. Given that, surely it must be the case that officers in past cases either failed to knock or waited an insufficient number of seconds.
My question is, what is the earliest known case in which a court imposed a suppression remedy in such a case? Please be specific.
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