United States Ninth Circuit

As the record establishes the existence of exigent circumstances threatening officer safety - the presence of a firearm coupled with evidence that defendant was willing and able to use it - the no-knock entry violated neither the Fourth Amendment nor 18 U.S.C. section 3109.

Appellate Information

• Argued 02/10/2004
• Decided 03/26/2004
• Published 03/26/2004

Judges

• TALLMAN, Circuit Judge:, Before:  SCHROEDER, Chief Judge, TALLMAN, and CALLAHAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Robert G. Lucherini, Norman J. Reed, Las Vegas, NV, for the defendant-appellant., Darin M. LaHood, Ray Gattinella, Assistant United States Attorney, Las Vegas, NV, for the plaintiff-appellee.