Semayne's case
| Semayne's case | |
|---|---|
.svg) |
|
| Court | Court of King's Bench |
| Full case name | Peter Semayne v Richard Gresham |
| Decided | Michaelmas Term, 1604 |
| Citation(s) | All ER Rep 62 5 Co Rep 91 a Cro Eliz 908 Moore KB 668 Yelv 29 77 ER 194 |
| Court membership | |
| Judge(s) sitting |
John Popham CJ Francis Gawdy J Edward Fenner J Christopher Yelverton J David Williams J |
| Keywords | |
| Knock-and-announce rule; Castle doctrine | |
Semayne's Case (January 1st, 1604) 5 Coke Rep. 91, is an English common law case reported by Sir Edward Coke, who was then the Attorney General of England. In the United States, it is recognized as establishing the "knock-and-announce" rule.
Richard Gresham and George Berisford were joint tenants of a house in Blackfriars, London. Berisford died while in debt to Peter Semayne. Semayne then secured a civil writ of attachment on Berisford's goods, which were located inside the house. After the Sheriff of London was denied entry by Gresham, the Sheriff offered to break and enter into the house. Instead, Semayne sued, bringing an action on the case against Gresham for his losses.
Initially, the court could not reach a decision, with Lord Chief Justice John Popham and Lord Justice Francis Gawdy believing the Sheriff could break and enter, while Lord Justices Edward Fenner and Christopher Yelverton insisting he could not. After the English coronation of King James VI and I and the appointment of Lord Justice David Williams to the bench, the case was reargued.
In 1604, the Court of King's Bench gave judgment against Semayne. The court resolved that 1) it is not a felony for a man to defend his house to the death; 2) sheriffs may break and enter to recover seisin over real estate; 3) sheriffs may break and enter on the King's business after a request for entry is refused; 4) sheriffs may enter when the door is open; 5) the householder's privilege does not extend to strangers or their goods; and 6) that sheriffs should request entry in civil cases. As authority, Coke reported citation to a statute enacted by King Edward III of England in 1275, which, he said, merely affirmed the preexisting common law.
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