Document Type

Article

Publication Date

1964

Publication Information

The Rule of Announcement and Unlawful Entry: Miller v. United States and Ker v. California

Abstract

Mr. Justice Frankfurter, in his classic dissent in United States v. Rabinowitz, pointed out that "the safeguards of liberty have frequently been forged in controversies involving not very nice people." Few cases decided by the Supreme Court since Rabinowitz have better illustrated that observation than Miller v. United States and Ker v. California. This Article will consider the problems posed in the administration of federal criminal justice by the "liberty forged" in these two decisions.

Until the Miller decision in 1958, the Supreme Court had never squarely considered and decided a question of announcement and unlawful entry. It is therefore appropriate to preface consideration of Miller and Ker with a review of the historical development of these concepts, the roots of which extend into early Anglo-American legal experience.

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