United States v. Daniel Patrick Rosselli

STEVENS, Circuit Judge.

The government asks us to overturn a finding that the warrantless, forcible entry into defendant’s apartment was not justified by the officers’ belief that the defendant was about to destroy a large quantity of marijuana that had been delivered to him about an hour earlier. Although we disagree with the district judge insofar as he found no probable cause to believe that defendant was in possession of contraband, we cannot say that his refusal to find justification for *628the warrantless entry was clearly erroneous. We therefore affirm his suppression order.1

On a Sunday…