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Al,
Thank you for the link to Hudson. If I skimmed it right, if the police have a warrant and fail to adhere to the knock and announce rule, the remedy is not to exclude evidence they obtain from the search. The remedy is that the resident can sue them if there is violence in which he is injured, if his property is destroyed (like if they kick down his door) or if he is humiliated by being dragged into the street in his underwear. (I assume that there are circumstances where the knock and announce rule does not apply).
Sigcurious,
I don't think Hudson would apply to these NY cases because they are warrantless searches and it sounds like they aren't done with any real probably cause to do the search either. I gathered, from reading the explanations in Hudson, that a warrantless search or failure to give the Miranda warnings is much more likely to lead to the exclusion of evidence as a remedy for the accused. In Hudson, there was a warrant.
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