Before a Drug Raid, 20-Second Wait Is Adequate, Justices Rule

Police officers with a search warrant to look for drugs usually must give residents the courtesy of knocking on the door to announce themselves.

But they need not wait long -- and certainly no longer than 20 seconds -- before breaking down the door and coming inside, the Supreme Court unanimously said Tuesday.

“What matters is the opportunity to get rid of cocaine, which a prudent dealer will keep near a commode or kitchen sink,” said Justice David H. Souter. “And 15 to 20 seconds does not seem an unrealistic guess about the time someone would need to get in a position to rid his quarters of cocaine.”

The high court’s venture into the time it takes to flush drugs down the toilet was prompted by the case of LaShawn Banks of North Las Vegas, Nev.

In 1998, heavily armed police and FBI agents went to his apartment to carry out a search warrant. They knocked on the door and loudly announced their presence.

They waited 15 or 20 seconds and, hearing no response, used a battering ram to break down the door.

A surprised Banks emerged from the shower. Officers found crack cocaine, $6,000 in cash and several weapons.

Banks pleaded guilty to drug crimes and was sentenced to 11 years in prison.

Last year, the U.S. 9th Circuit Court of Appeals ruled the evidence against him should have been thrown out because officers’ sudden burst into his apartment violated the 4th Amendment’s guarantee against unreasonable searches and seizures.

In a brief opinion in U.S. vs. Banks, the Supreme Court unanimously reversed that ruling and said the officers’ conduct was reasonable considering the circumstances.

The court’s opinion did not set a rule for all such cases. Had police been searching for a stolen piano, rather than drugs, Souter said, officers should have waited longer.