United States v. Phillip Moore
Court of Appeals for the Eighth Circuit
1Opinion of the Court
LOKEN, Circuit Judge.
The United States appeals an order of the district court granting appellee Phillip Moore’s motion to suppress evidence seized in a search conducted by state law enforcement officers pursuant to a state search warrant. The district court held that the no-knock entry authorized by the warrant violated the knock-and-announce requirements of 18 U.S.C. § 3109. We conclude that this federal statute is inapplicable and that, under Nebraska law and the Fourth Amendment, the evidence is admissible under the good faith standard of United States v. Leon, 468 U.S. 897, 104 S.Ct.…
2Cases cited62 opinions
- Illinois v. GatesSupreme Court of the United States · 1983
- Katz v. United StatesSupreme Court of the United States · 1967
- United States v. LeonSupreme Court of the United States · 1984
- Payton v. New YorkSupreme Court of the United States · 1980
- Stone v. PowellSupreme Court of the United States · 1976
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3Cited by104 opinions
- United States v. James H. Spikes (96-3899) Marilyn Smith (96-3660)Court of Appeals for the Sixth Circuit · 1998
- United States v. KennedyCourt of Appeals for the Fourth Circuit · 1994
- United States v. LuchtCourt of Appeals for the Eighth Circuit · 1994
- United States v. John LalorCourt of Appeals for the Fourth Circuit · 1993
- United States v. Rondell BatesCourt of Appeals for the Sixth Circuit · 1996
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