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.