This Note argues that the courts should reject a home-business distinction in the application of announcement requirements. The Note concludes that announcement rules should apply whenever their underlying policies are served. This approach would apply announcement requirements to closed and occupied business premises.
Part I examines the arguments offered by some courts for a restrictive interpretation of announcement protections in the business context. Part I suggests that these arguments are unpersuasive and that the courts' application of announcement rules should correspond to the policies behind them. Part II argues that the policy justifications for announcement are served in the business context to a degree that justifies full announcement protection. Part III contends that reduced announcement protection for businesses does not advance legitimate police interests.
Michigan Law Review,
"Knock, Knock" Is No Joke: Announcement Rules for Business Premises,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol81/iss7/4