Semayne's case
Encyclopedia
Semayne's Case 77 Eng. Rep. 194 (1 January 1572); 5 Co. Rep. 91, is an English common law case reported by Sir Edward Coke, who was then the Attorney General of England. In the US, it is recognised as establishing the "knock and announce" rule.

Facts

Richard Gresham and George Berisford were joint tenants of a house in Blackfriars, London. Berisford died, leaving his effects, including some papers, to Peter Semayne. Semayne sued to have the effects delivered to him. To accomplish this the Sheriff of London, with a valid writ
Writ
In common law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court...

, entered the house by breaking down the doors.

Judgment

The holding of the case can best be summed by Coke's words,
The case is also famous for Coke's quote that,

See also

  • Article 8 ECHR
    Article 8 ECHR
    Article 8 of the European Convention on Human Rights provides a right to respect for one's "private and family life, his home and his correspondence", subject to certain restrictions that are "in accordance with law" and "necessary in a democratic society"....

  • Entick v. Carrington
  • Castle doctrine
    Castle Doctrine
    A Castle Doctrine is an American legal doctrine arising from English common law that designates one's place of residence as a place in which one enjoys protection from illegal trespassing and violent attack...

  • Hudson v. Michigan
    Hudson v. Michigan
    Hudson v. Michigan, 547 U. S. 586 , is a decision of the United States Supreme Court holding that a violation of the Fourth Amendment requirement that police officers knock, announce their presence, and wait a reasonable amount of time before entering a private residence does not require...

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