SABBATH v. UNITED STATES

No. 898.

391 U.S. 585 (1968)

SABBATH v. UNITED STATES.

Supreme Court of United States.

Decided June 3, 1968.


Attorney(s) appearing for the Case

Murray H. Bring, by appointment of the Court, 390 U.S. 935, argued the cause and filed briefs for petitioner.

John S. Martin, Jr., argued the cause for the United States. On the brief were Solicitor General Griswold, Assistant Attorney General Vinson, Beatrice Rosenberg, and Kirby W. Patterson.


MR. JUSTICE MARSHALL delivered the opinion of the Court.

The issue in this case is whether petitioner's arrest was invalid because federal officers opened the closed but unlocked door of petitioner's apartment and entered in order to arrest him without first announcing their identity and purpose. We hold that the method of entry vitiated the arrest and therefore that evidence seized in the subsequent search incident thereto should not have been admitted at petitioner...

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