How have the courts treated allegations that the arresting officers violated the provisions of 18.C. 3109 by entering a motel room without warning or announcement?

MultiRegion, United States of America

The following excerpt is from U.S. v. Wysong, 528 F.2d 345 (9th Cir. 1976):

Next, appellant argues that the arresting officers violated the provisions of 18 U.S.C. 3109 by failing to give proper notice of their authority and purpose before entering the motel room. In the hearing on the motion to suppress, the three officers testified that one of them in a loud voice said something like 'Federal Agents, open up.' and waited for approximately five to ten seconds before entering the room with the pass key. During the period of waiting, there was no response from the inside. The door knock of the officer was so loud that it drew the attention of a number of people down the hallway. The affidavit of appellant that she heard neither the knocking or any announcement, but only the sound of the key in the door was not accepted by the district judge, who found that the knock and the words spoken were loud. He also found that the agents were apprehensive that the occupant might be destroying narcotics in her possession. The clearly erroneous rule is applicable to the district court findings on a motion to suppress. Costello v. United States, 324 F.2d 260, 261 (CA9 1963); United States v. Page, 302 F.2d 81, 85 (CA9 1962). The findings of the district court on this issue are not clearly erroneous.

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