United States Second Circuit

When seeking to serve the arrest warrant, officer did not commit a prohibited "breaking" or violate the Fourth Amendment by proclaiming himself to be a utility worker investigating a gas leak in order to get defendant to open his door.

Appellate Information

• Decided 05/13/2004
• Published 05/13/2004

Judges

• SACK, Circuit Judge., Before:  JACOBS, SACK, and RAGGI, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Jonathan J. Einhorn, New Haven, CT, for Defendant-Appellant., Everardo A. Rodriguez, Assistant United States Attorney for the Western District of New York (Michael A. Battle, United States Attorney, of counsel), Rochester, NY, for Appellee.