People v. Eisenberg

Defendant was charged with assault with intent to commit murder, 1 tried by jury, and convicted of felonious assault. 2 He was sentenced to 2-1/2 to 4 years in prison and fined $1,000 and now appeals.

On the morning of April 13, 1973, 12 Federal and local police officers armed with Federal search and arrest warrants drove a battering ram through the door of the defendant’s ninth floor apartment in Southfield, Michigan. The warrants had been issued by a Federal magistrate pursuant to an affidavit asserting a violation of the Federal Firearms Act, 18 USC 921, et seq. Specifically, the defendant…