dissenting.
I respectfully dissent. I disagree with the majority’s conclusion that the trial court should have granted appellant’s *319motion to suppress the evidence seized, as I am not persuaded that the facts here warrant such a drastic measure.
It is undisputed that the search warrant in the instant case was a valid one, hence, the police would have been entitled to enter the premises forcibly and conduct a search with or without the permission of the occupants. See Commonwealth v. Davis, 407 Pa.Super. 415, 428, 595 A.2d 1216, 1223 (1991), appeal denied, 530 Pa. 630, 606 A.2d 900 (1992); Commonwealth v. Morgan, 517 Pa. 93, 96, 534 A.2d 1054, 1056 (1987). Even assuming there was no technical compliance with the notice requirement of Rule 2007, “this does not ipso facto necessitate a finding that the evidence seized must be suppressed.” Davis, 407 Pa.Super. at 428, 595 A.2d at 1223. Specifically,
exclusion/suppression of evidence is not an appropriate remedy for every violation of the Pennsylvania Rules of Criminal Procedure concerning searches and seizures. It is only where the violation also implicates fundamental, constitutional concerns, is conducted in bad faith or has substantially prejudiced the defendant that exclusion may be an appropriate remedy.
Commonwealth v. Mason, 507 Pa. 396, 406-07, 490 A.2d 421, 426 (1985).
Assuming a violation of the “knock and announce” rule in the instant case, to require suppression of the contraband seized from appellant’s apartment would clearly be “a remedy out of proportion to the benefits gained to the end of obtaining justice while preserving individual liberties unimpaired.” Id. (quoting United States v. Searp, 586 F.2d 1117 (6th Cir.1978), cert. denied 440 U.S. 921, 99 S.Ct. 1247, 59 L.Ed.2d 474 (1979) (suppression due to Rules violation not justified absent bad faith conduct on the part of police or prejudice to defendant in sense that search would not have occurred or would not have been as obtrusive)). Here the officers, armed with a valid search warrant, knocked on appellant’s door, waited fifteen seconds, and began entering the premises while identifying themselves. Allowing more time to lapse between their announcement and their entry would have been a futile gesture *320and appellant was not so substantially prejudiced by the officer’s failure to do so. Mason, supra.
Furthermore, while the purpose of the “knock and announce” rule is to permit a peaceful apprehension of the person and premises before applying force, Commonwealth v. DeMichel, 442 Pa. 553, 277 A.2d 159 (1971), the Fourth Amendment must be applied under a standard of reasonableness. Ker v. California, 374 U.S. 23, 83 S.Ct. 1623, 10 L.Ed.2d 726 (1963); Commonwealth v. Stanley, 498 Pa. 326, 446 A.2d 583 (1982). In light of this reasonableness standard, although the Commonwealth does not assert the existence of exigent circumstances here, the argument set forth by Justice Papadakos, dissenting in Commonwealth v. Means, 531 Pa. 504, 614 A.2d 220 (1992) is well taken and worth reiterating:
Drug busts are so inherently exigent as to product and dangerous as to the authorities that the police, once armed with a proper warrant, should be allowed to knock, announce and enter almost immediately. The reasonableness requirement should play in favor of the authorities because any delay enables drug pushers to dispose of evidence by flushing or similar means. The term “exigency” takes on a whole new meaning in reference to drug cases. Finally, the “Fourth Amendment cannot be interpreted to imperil law enforcement officers.” Stanley, [supra].
Means, 531 Pa. at 509-10, 614 A.2d at 223 (Papadakos, J., dissenting).
In light of the foregoing and weighing the benefits of deterring police misconduct against the costs of excluding otherwise reliable evidence, I would affirm the judgment of sentence.