(dissenting). I agree with the majority’s recitation of the facts and with the conclusion that the evidence supported the finding that the execution of the search violated the so-called knock-and-announce statute. MCL 780.656; MSA 28.1259(6). I respectfully dissent from the majority opinion because I do not read People v Polidori, 190 Mich App 673; 476 NW2d 482 (1991), as requiring suppression for every violation of the knock-and-announce statute. Furthermore, I would not find that suppression is required in this case.
MCL 780.656; MSA 28.1259(6) permits an officer to break the door or window of a building to execute a warrant if, after notice of his authority and purpose, he is refused admittance. The statute does not provide for suppression of evidence seized in noncompliance with the statute; rather, violation of the statute is punishable as a misdemeanor. MCL 780.657; MSA 28.1259(7).
The majority finds that, "in Polidori, this Court held that if the method of entry violates the knock-and-announce statute, the exclusionary rule must apply.” Ante, at 624; emphasis added. In Polidori, supra at 677, this Court held:
Consequently, when the method of entry violates the knock-and-announce statute, the exclusionary rule may come into play if the Fourth Amendment standard of reasonableness is also offended. [Emphasis added.]
In Polidori this Court further observed that a violation would be excused for reasonable cause or exigent circumstances.
In Polidori, this Court discussed exigent circumstances in light of People v Gonzalez, 211 Cal App 3d 1043, 1048; 259 Cal Rptr 846 (1989), and People v Marinez, 160 Ill App 3d 349, 353; 513 NE2d 607 *626(1987). Illinois and California have adopted rules that require suppression of evidence seized in a search where there are knock-and-announce violations, except where the state can show "exigent circumstances.” In these states, "exigent circumstances” have been limited to circumstances where the police have specific information that the narcotics would be immediately destroyed or reason to believe that weapons would be used against them. Id. The Polidori panel could have explicitly adopted a similar rule of suppression. It did not. Rather, it cited broader principles of Fourth Amendment reasonableness as the test for whether a knock-and-announce violation requires suppression.
The touchstone of any search and seizure analysis is reasonableness. Florida v Jimeno, 500 US —, —; 111 S Ct 1801; 114 L Ed 2d 297 (1991). In Bell v Wolfish, 441 US 520, 559; 99 S Ct 1861; 60 L Ed 2d 447 (1979), the Court stated:
The test of reasonableness under the Fourth Amendment is not capable of precise definition or mechanical application. In each case it requires a balancing of the need for the particular search against the invasion of personal rights that the search entails. Courts must consider the scope of the particular intrusion, the manner in which it is conducted, the justification for initiating it, and the place in which it is conducted. E.g., United States v Ramsey, 431 US 606 [97 S Ct 1972; 52 L Ed 2d 617] (1977); United States v Martinez-Fuerte, 428 US 543 [96 S Ct 3074; 49 L Ed 2d 1116] (1976); United States v Brignoni-Ponce, 422 US 873 [95 S Ct 2574; 45 L Ed 2d 607] (1975); Terry v Ohio, 392 US 1 [88 S Ct 1868; 20 L Ed 2d 889] (1968); Katz v United States, 389 US 347 [88 S Ct 507; 19 L Ed 2d 576] (1967); Schmerber v California, 384 US 757 [86 S Ct 1826; 16 L Ed 2d 908] (1966).
*627Considering these factors, there was no evidence that the scope of the intrusion exceeded the scope of the warrant. The warrant was limited to a search of the residence for contraband and the proceeds thereof. There was no evidence that the manner of the search violated any laws other than the misdemeanor knock-and-announce statute. There is no evidence of any abusive or oppressive conduct by the police during the search. The search was conducted during the daytime hours. The justification for the search was the warrant based on an affidavit. The search was conducted at defendant’s home.
The fact that the search was conducted in defendant’s home merits heightened scrutiny. However, except for the violation of the statute, none of the facts of this case would support a conclusion that the search was unreasonable.
For the above reasons, I would reverse and remand for further proceedings.