· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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