What is the test for interpreting section 3109 of the Federal Criminal Code without running afoul of the Fourth Amendment?
MultiRegion, United States of America
The following excerpt is from Ponce v. Craven, 409 F.2d 621 (9th Cir. 1969):
The same rule has been applied in interpreting the analogous federal statute, 18 U.S.C. 3109, without running afoul of the Fourth Amendment. Dickey v. United States, 332 F.2d 773, 778 (9 Cir. 1964), cert. denied 379 U.S. 948, 85 S.Ct. 444, 13 L.Ed.2d 545 (1964); Leahy v. United States, 272 F.2d 487, 489 (9 Cir. 1959), cert. dismissed 364 U.S. 945, 81 S.Ct. 465, 5 L.Ed.2d 459 (1961).
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