Does section 3109 of the Federal Criminal Code apply to agents who use a passkey to enter and leave a residence?
MultiRegion, United States of America
The following excerpt is from U.S. v. Monroe, 999 F.2d 545 (9th Cir. 1993):
2 Although the agents did not break open the door, section 3109 applies because of the use of the pass key. See Sabbath v. United States, 391 U.S. 585, 590 & n. 6 (1968) ("s 3109 applies to entries effected by the use of a passkey") (citing Munoz v. United States, 325 F.2d 23, 26 (9th Cir.1963) (additional citations omitted)).
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