UNITED STATES v. PRESCOTT

No. 77-2574.

581 F.2d 1343 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Saundra PRESCOTT, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied November 9, 1978.


Attorney(s) appearing for the Case

Michael H. Weiss, San Francisco, Cal., for defendant-appellant.

Lawrence Edelman, Asst. U. S. Atty., San Francisco, Cal., for plaintiff-appellee.

Before DUNIWAY, CUMMINGS, and SNEED, Circuit Judges.


DUNIWAY, Circuit Judge:

In this case we decide two principal questions. One is whether, when the police have probable cause to believe (a) that a person has committed a felony and (b) that he is in a particular house, they may forcibly enter and search for and seize him without first obtaining a warrant, in the absence of exigent circumstances. The second is whether, and if so to what extent, a refusal by the occupant of a house to admit the police, when they do not...

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