¶1dissenting.
¶2I cannot agree with the majority that appellant’s arrest was lawful and so I must dissent.
¶3The testimony at trial reveals the following facts incident to appellant’s arrest. Appellant, armed with a knife and a gun, kidnapped a young girl from a park, led her back to his apartment, and raped her. After he assaulted her, appellant walked the victim to a bus stop, gave her busfare, and sent her home. Later that evening, appellant called the victim on the telephone and threatened her with more harm should she report the incident. The victim thereafter informed her family, who immediately contacted the police. A detailed description of appellant, his clothing, his apartment building, and his apartment number was provided by the victim to the police. That same night, at approximately 11 p. m., police detectives drove to appellant’s apartment building and went to apartment 12, the scene of the attack.
¶4Although the police detected loud music and lights emanating from the apartment, there was no response to their knocking. A woman who lived across the hall informed them that someone fitting the description of the suspect resided there. The detectives thereafter called for a backup unit; after it arrived, the police knocked for several more minutes, announcing who they were. After meeting with no response, a detective forced open the door and arrested appellant.
¶5Initially, I must note my agreement with the majority that a warrant was not required for an arrest in the dwelling place prior to our ruling in Commonwealth v. Williams, 483 Pa. 293, 396 A.2d 1177 (1978). In Commonwealth v. Miller, 490 Pa. 457, 473, 417 A.2d 128, 137 (1980), we announced that the Williamsrule applied only to arrests made subsequent to the date of that decision, November 18, 1978. Since appellant herein was apprehended on May 29, 1976, he *321cannot argue that his arrest was defective for want of a warrant. However, even prior to the Williamsdecision, forcible entries into private residences to effectuate arrests had to be justified by exigent circumstances. Unless such circumstances were present, an individual was protected by the Fourth Amendment requirement that police knock and announce their identity and purpose prior to executing a forcible entry. The protection afforded by this amendment applies to all invasions of privacy, whether defined by a warrant or not.
¶6In Commonwealth v. Newman, 429 Pa. 441, 240 A.2d 795 (1968), we held that even when armed with both a body warrant and a search warrant, the police must comply with the Fourth Amendment. In that case, the detectives arrived at appellant’s premises, banged on the door, and announced their identity in a loud voice. The police then forced their way through the door after receiving no response. We announced in Newmanthat forcible entry without announcement of purpose violated the Fourth Amendment prohibition against unreasonable search and seizure. See also Commonwealth v. Dial, 445 Pa. 251, 285 A.2d 125 (1971). In doing so, we relied upon Miller v. United States, 357 U.S. 301, 78 S.Ct. 1190, 2 L.Ed.2d 1332 (1958), wherein the Supreme Court of the United States ruled that the petitioner could not be lawfully arrested in his home by officers breaking in, without first receiving notice of their authority and purpose. In Miller, the police had identified themselves, but had failed to make an express announcement of their purpose. The United States Supreme Court noted that “[t]he burden of making an express announcement is certainly slight.” Id. at 309, 78 S.Ct. at 1196.
¶7It is undisputed that the existence of exigent circumstances would justify entry without proper announcement. In Ker v. California, 374 U.S. 23, 83 S.Ct. 1623, 10 L.Ed.2d 726 (1963), the United States Supreme Court upheld a forcible entry which was not preceded by an express announcement of authority or purpose by the police. The non-compliance was not fatal to the arrests and evidence seized in Ker, but *322was justified because of the defendant’s furtive conduct in eluding police shortly before the arrest.
¶8Various other factors can obviate the knock and announce requirement, including those situations where the police have valid grounds for being virtually certain that the resident knows their purpose. Commonwealth v. Newman, supra.In Commonwealth v. Williams, supra,this Court enumerated other circumstances which may constitute exigent circumstances by adopting the factors considered in Dorman v. United States, 435 F.2d 385 (D.C.Cir.1970). These factors included: (1) whether a grave offense is involved, (2) whether the suspect is reasonably believed to be armed, (3) whether there is clear probable cause to believe that the suspect committed the crime, (4) strong reason to believe that the suspect is in the premises being entered, and (5) a likelihood that the suspect will escape if not swiftly apprehended. Dorman v. United States, supra at 392-93.
¶9The Commonwealth argues, and the majority agrees, that because the police knocked on appellant’s door for approximately twenty minutes, identified themselves as police, and received no response, an announcement of purpose would have been a useless gesture. Moreover, the prosecution asserts that a substantial possibility existed that appellant could escape or destroy evidence if they waited any longer. Finally, the Commonwealth contends that appellant must have been aware of the purpose of the police because of his earlier telephoned threat to the victim.
¶10No one could argue that a twenty-minute wait was anything but reasonable. In fact, this Court has never demanded such a lengthy wait, but only a sufficient period for the police to have formed a reasonable belief that the occupants did not intend to permit peaceful entry. See Commonwealth v. DeMichel, 442 Pa. 553, 277 A.2d 159 (1971). Consequently, I do not disagree with the detective’s decision not to forestall entry any longer.
¶11However, the detectives advanced no reasons as to why they did not announce their purpose. Time constraints clearly would not have prohibited such a statement. More*323over, there was no indication to police that appellant evidenced his awareness of their purpose by destroying evidence or attempting escape. The police testified that, although they heard loud music, they heard nothing else. No matter what exigent circumstances the police could cite to justify their omission, the fact of the matter is that they were willing to wait for twenty minutes until the back-up unit arrived before they effectuated a forcible entry. Thus, the same circumstances which dictated their decision to wait, deflate the arguments advanced by the Commonwealth as to why no announcement of purpose was made. As stated above, the burden of this requirement is slight.
¶12It is uncontested that there was no announcement of purpose in the instant case. Yet at the time of appellant’s arrest, the law clearly required that before a police officer enters a private dwelling to conduct a search or make an arrest, he must give notice of both his identity and purpose. Commonwealth v. Newman, supra; United States ex rel. Ametrane v. Gable, 276 F.Supp. 555 (E.D.Pa.1967). As the Supreme Court of the United States observed:
“We are duly mindful of the reliance that society must place for achieving law and order upon the enforcing agencies of the criminal law. But insistence on observance by law officers of traditional fair procedural requirements is, from the long point of view, best calculated to contribute to that end. However much in a particular case insistence upon such rules may appear as a technicality that inures to the benefit of a guilty person, the history of the criminal law proves that tolerance of short-cut methods in law enforcement impairs its enduring effectiveness. The requirement of prior notice of authority and purpose before forcing entry into a home is deeply rooted in our heritage and should not be given grudging application.”
¶13Miller v. United States, supra, 357 U.S. at 313, 78 S.Ct. at 1197.
¶14I do not believe that the police were excused from announcing their purpose prior to achieving the entry in this *324case. No evidence supports their “grudging application” of the knock and announce rule. I would hold that the arrest was illegal and suppress all evidence seized resulting therefrom.