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· 12/30/2003

United States v. Thomas Dale Peterson

Citations

  • 353 F.3d 1045
  • 2003 U.S. App. LEXIS 26332
  • 2003 WL 23023850

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that futility as to only one occupant—not even the suspect—was sufficient to dispense with the knock-and-announce requirement
  • holding that the futility exception applied when, just as a SWAT team was about to announce its presence, the defendant opened the door, saw the SWAT team, and attempted to deny them entry
  • finding that a defendant waived his right to appeal a claim of excessive force during execution of a search warrant
  • finding no-knock entry permissible because knock would have been futile, there was potential destruction of evidence, and danger to police officers
  • finding no-knock entry permissible because knock would have been futile, there was potential destruction of evidence, and danger to police officers
  • “The lawfulness of the team’s original plan is not relevant to our consideration; our role is to evaluate the events as they actually transpired.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Kleinfeld, Gould, Tallman

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.