Once again I think Michael Ioane is right and obviously has done his homework. Infomration was found from findlaw.com
The manner of execution of warrants is generally governed by statute and rule, as to time of execution, 155 method of entry, and the like. It was a rule at common law that before an officer could break and enter he must give notice of his office, authority, and purpose and must in effect be refused admittance, 156 and until recently this has been a statutory requirement in the federal system 157 and generally in the States. In Ker v. California, 158 the Court considered the rule of announcement as a constitutional requirement, although a majority there found circumstances justifying entry without announcement. In Wilson v. Arkansas, Supp.2 the Court determined that the common law ”knock and announce” rule is an element of the Fourth Amendment reasonableness inquiry.The rule does not, however, require announcement under all circumstances. The presumption in favor of announcement yields under various circumstances, including those posing a threat of physical violence to officers, those in which a prisoner has escaped and taken refuge in his dwelling, and those in which officers have reason to believe that destruction of evidence is likely. Recent federal laws providing for the issuance of warrants authorizing in certain circumstances ”no-knock” entries to execute warrants will no doubt present the Court with opportunities to explore the configurations of the rule of announcement. 159 A statute regulating the expiration of a warrant and issuance of another ”should be liberally construed in favor of the individual.” 160 Similarly, inasmuch as the existence of probable cause must be established by fresh facts, so the execution of the warrant should be done in timely fashion so as to ensure so far as possible the continued existence of probable cause. 161
In executing a warrant for a search of premises and of named persons on the premises, police officers may not automatically search someone else found on the premises. 162 If they can articulate some reasonable basis for fearing for their safety they may conduct a ”patdown” of the person, but in order to search they must have probable cause particularized with respect to that person. However, in Michigan v. Summers, 163 the Court held that officers arriving to execute a warrant for the search of a house could detain, without being required to articulate any reasonable basis and necessarily therefore without probable cause, the owner or occupant of the house, whom they encountered on the front porch leaving the premises. Applying its intrusiveness test, 164 the Court determined that such a detention, which was ”substantially less intrusive” than an arrest, was justified because of the law enforcement interests in minimizing the risk of harm to officers, facilitating entry and conduct of the search, and preventing flight in the event incriminating evidence is found. 165
Also, under some circumstances officers may search premises on the mistaken but reasonable belief that the premises are described in an otherwise valid warrant. 166 Although for purposes of execution, as for many other matters, there is little difference between search warrants and arrest warrants, one notable difference is that the possession of a valid arrest warrant cannot authorize authorities to enter the home of a third party looking for the person named in the warrant; in order to do that, they need a search warrant signifying that a magistrate has determined that there is probable cause to believe the person named is on the premises. 167
The more that I do research on Michael Ioane’s case I find my self troubled. If they can take his rights away illegally – What would they do to any of us little people. I would love to get anyone opinion on Michael Ioane’s case.