Legal Opinion

United States v. Joseph Pellether

Court of Appeals for the First Circuit

Decided November 28, 2006No. 06-1287PublishedCited by 75 opinions

1Opinion of the Court

SELYA, Circuit Judge.

During its last term, the Supreme Court held that a violation of the “knock and announce” rule in the course of executing a search warrant did not justify the suppression of evidence subsequently discovered. See Hudson v. Michigan, — U.S. -, 126 S.Ct. 2159, 165 L.Ed.2d 56 (2006). This appeal requires us to determine whether Hudson should be extended to a knock and announce violation committed in the course of executing an arrest warrant. We conclude that the Hudson Court’s reasoning mandates such an extension. That conclusion, coupled with our conclusion that the…

2Cases cited37 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. United States v. BookerSupreme Court of the United States · 2004
  3. Wong Sun v. United StatesSupreme Court of the United States · 1963
  4. Payton v. New YorkSupreme Court of the United States · 1980
  5. Ornelas v. United StatesSupreme Court of the United States · 1996

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3Cited by75 opinions

  1. United States v. Dávila-GonzálezCourt of Appeals for the First Circuit · 2010
  2. United States v. PiresCourt of Appeals for the First Circuit · 2011
  3. United States v. JimenezCourt of Appeals for the First Circuit · 2007
  4. United States v. Morales-MachucaCourt of Appeals for the First Circuit · 2008
  5. United States v. PolitanoCourt of Appeals for the First Circuit · 2008

70 more not listed; retrieve them via the Exa API.

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