United States v. Sherman

ORDER REJECTING IN PART THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE AND GRANTING DEFENDANTS’ MOTIONS TO SUPPRESS

WOODCOCK, District Judge.'

Rejecting in part the Recommended Decision of the Magistrate Judge, this Court concludes evidence seized in violation of the Fourth Amendment’s knock-and-announce rule must be suppressed.

I. THE MOTIONS TO SUPPRESS

Facing federal drug charges, Defendants Rodrigue and Sherman on March 24, 2004, filed separate Motions to Suppress Evidence. The Motions raised two identical grounds: (1) the affidavit in support of the warrant did not contain specific facts…