John Defino Martone v. United States

McENTEE, Circuit Judge.

Early in the morning of July 17, 1967, several Treasury Department agents went to the home of one Luis Rodriquez Lebrón to arrest him. They knocked on the door and identified themselves to the defendant who they could see through the window was coming forward after a two minute delay. 1 When defendant ran back into the interior of the house the agents forced their way through the door. 2

Upon entering the house the agents observed defendant running from the back of the house into the bathroom. Agent Fuentes Ortega in pursuit heard the flushing of the toilet as he…