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United States Ninth Circuit


US v. PETERSON, 03-30025

SWAT team's "no-knock" entry of defendant's residence was not unreasonable under the Fourth Amendment, and did not violate 18 U.S.C. section 3109. The team reasonably suspected that knocking and announcing their presence would be both futile and dangerous and could potentially give rise to destruction of evidence.

Appellate Information

  • Argued 12/02/2003
  • Decided 12/30/2003
  • Published 12/30/2003

Judges

  • TALLMAN, Circuit Judge., Before:  KLEINFELD, GOULD, and TALLMAN, Circuit Judges.

Court

  • United States Ninth Circuit

Counsel

  • For Appellees:
  • Robert Gombiner, Assistant Federal Public Defender, Seattle, WA, for defendant-appellant Thomas Dale Peterson., Helen J. Brunner, Assistant United States Attorney, Seattle, WA, Ilene J.K. Miller, Assistant United States Attorney, Tacoma, Washington, for plaintiff-appellee United States of America.
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