United States Fourth Circuit

The knock-and-announce rule does not apply to bar the introduction into evidence of the pistol obtained in this reasonable unannounced entry. Defendant's statement "the door is open; come on in" was voluntary and gave consent to enter to whoever was standing at his door.

Appellate Information

• Decided 04/23/2004
• Published 04/23/2004

Judges

• Before WIDENER, MOTZ and GREGORY, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:Joshua Clarke Hanks, Assistant United States Attorney, Charleston, West Virginia, for Appellant.  Jonathan David Byrne, Legal Research and Writing Specialist, Office of The Federal Public Defender, Charleston, West Virginia, for Appellee.   ON BRIEF:  Kasey Warner, United States Attorney, Charleston, West Virginia, for Appellant.  Mary Lou Newberger, Federal Public Defender, George H. Lancaster, Jr., Assistant Federal Public Defender, Charleston, West Virginia, for Appellee.