Semayne's case

Semayne's case

"Semayne's Case" (1604) 77 Eng. Rep. 194; 5 Co. Rep. 91, is an English common law case decided by Sir Edward Coke, sitting as Lord Chief Justice of the Court of the King's Bench. In the US, it is recognised as establishing the "knock and announce" rule.

Facts

Richard Gresham and George Berisford were joint tenants of a house in Blackfriars, London. Berisford died, leaving his effects, including some papers, to Peter Semayne. Semayne sued to have the effects delivered to him. To accomplish this the Sheriff of London, with a valid writ, entered the house by breaking down the doors.

Judgment

The holding of the case can best be summed by Coke's words,

The case is also famous for Coke's quote that,

ee also

*Article 8 ECHR
*"Entick v. Carrington"
*Castle doctrine
*"Hudson v. Michigan"

Notes


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