United States v. Tomas Chavez-Miranda

TALLMAN, Circuit Judge.

We must determine if the trial court correctly denied defendant-appellant Tomas Chavez-Miranda’s motion to suppress evidence obtained from a search of his apartment during a narcotics investigation. The district court took evidence at a two-day suppression hearing and held that (1) there was probable cause in support of the search warrant; (2) a Franks hearing 1 was not warranted; and (3) forcible entry after 20 to 30 seconds did not violate 18 U.S.C. § 3109 (the “Knock and Announce Rule”). Chavez-Miranda conditionally pled guilty to conspiracy to possess with intent to…