Elton Wine lawsuit against the West Virginia Police settled

We settled the Elton Wine lawsuit against the West Virginia state police on the eve of trial.  Part of the settlement includes the re-training of all West Virginia State Police officers on the knock and announce requirements under federal constitutional law.  The other part of the settlement is the payment of $85,000.00 by the state police’s insurance carrier.

The settlement is important because there is no longer any doubt that law enforcement in West Virginia have a legal obligation to “knock and announce” prior to entering a home pursuant to a search warrant.  They can no longer perform a no-knock entry without either a no-knock warrant signed by a judge, or exigent circumstances.

Media reports:

The State Journal

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