United States v. Acosta

WESLEY, Circuit Judge:

Joseph Carvajal argues his conviction should be overturned, claiming the evidence presented against him at trial was obtained in violation of the knock-and-announce rule under the Fourth Amendment and 18 U.S.C. § 3109. Before oral argument, but after Carvajal filed his brief, the Supreme Court held in Hudson v. Michigan, — U.S. -, 126 S.Ct. 2159, 165 L.Ed.2d 56 (2006), that although a police officer’s failure to abide by the knock-and-announce rule may violate an individual’s right to be free from unreasonable searches under the Fourth Amendment, the exclusionary rule…