STATE v. BATES

No. 4376.

120 Ariz. 561 (1978)

587 P.2d 747

STATE of Arizona, Appellee, v. Ronald Edward BATES, Appellant.

Supreme Court of Arizona, En Banc.

November 13, 1978.


Attorney(s) appearing for the Case

John A. LaSota, Jr., Atty. Gen. by William J. Schafer, III, and Bruce M. Ferg, Asst. Atty. Gen., Phoenix, for appellee.

Gene R. Stratford, Phoenix, for appellant.


HAYS, Justice.

This is an appeal from a conviction for possession of marijuana in violation of A.R.S. § 36-1002.05 and § 36-1002.10. Only one question is presented: did a forced entry made three to five seconds after the police knocked and announced their purpose and authority to execute a search warrant comply with the requirements of A.R.S. § 13-1446(B)? We hold that it did not, and reverse and remand for entry of judgment of acquittal.

Defendant...

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