United States v. Kane, Daniel Joseph

OPINION OF THE COURT

A. LEON HIGGINBOTHAM, Jr., Circuit Judge.

When a federal officer executes a search warrant of a house, Section 3109 of Title 18 of the Federal Code generally requires that he give “notice of his authority and purpose” and be “refused admittance” before he may “break” into the premises. In this appeal we must determine whether the officer must comply with the announcement requirements of Section 3109 when he reasonably believes that he would be placed in unwarranted physical danger if he made such an announcement. Because we hold, as at least five other circuits have before…