United States v. Maurice Kemp

Opinion for the Court filed by Circuit Judge GINSBURG.

Concurring opinion filed by Circuit Judge WALD.

GINSBURG, Circuit Judge:

The Government appeals a district court order granting the defendant’s motion to suppress physical evidence on the ground that it was seized in violation of the federal knock and announce statute, 18 U.S.C. § 3109. We hold that the officer’s entry into the premises to be searched when the door *1141opened under the force of his knock was not a “breaking” subject to the requirements of that law, and therefore we reverse the suppression order.

I. BACKGROUND

A Metropolitan Police…