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United States DC Circuit


US v. Southerland, 05-3065

Conviction of possessing illegal drugs with the intent to distribute -- after district court denied motion to suppress evidence found on premises after police knocked and announced, waited, and broke the door open with a battering ram -- is affirmed where Hudson v. Michigan, 126 S. Ct. 2159 (2006) compels the court to reject the exclusionary rule for violations of 18 U.S.C. section 3109, which is incorporated into District of Columbia law.

Appellate Information

  • Decided 10/31/2006
  • Published 10/31/2006

Judges

  • Before:  RANDOLPH and GRIFFITH, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Court

  • United States DC Circuit

Counsel

  • For Appellant:
  • Neil H. Jaffee, Assistant Federal Public Defender, argued the cause for appellant.   With him on the briefs was A.J. Kramer, Federal Public Defender.

  • For Appellees:
  • Nicholas P. Coleman, Assistant U.S. Attorney, argued the cause for appellee.   With him on the briefs were Kenneth L. Wainstein, U.S. Attorney at the time the brief was filed, and Roy W. McLeese, III, and Thomas J. Tourish, Jr., Assistant U.S. Attorneys.
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