useless gesture exception
- It's an exception that relieves law enforcement officers from the requirement of stating their intent before entering a property while executing a warrant, if the information they have makes it almost certain that the property's occupant is already aware of their intent
- In the case of suspected drug trafficking, based on extensive surveillance, the police invoked the useless gesture exception before entering the property.
- Despite objections from the defense, the judge upheld the decision to apply the useless gesture exception during the warrant execution.
- To reduce potential harm to officers and prevent evidence destruction, the useless gesture exception was applied being assured that the occupants were already aware of the police’s purpose.