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UNITED STATES v. KANE

No. 80-1411.

637 F.2d 974 (1981)

UNITED STATES of America v. KANE, Daniel Joseph, Appellant.

United States Court of Appeals, Third Circuit.

Decided January 14, 1981.

Rehearing Denied March 10, 1981.

Attorney(s) appearing for the Case

Stanley M. Shingles (argued), Philadelphia, Pa., for appellant.

Peter F. Vaira, U. S. Atty., Walter S. Batty, Jr., Asst. U. S. Atty., Chief, Appellate Div., Philadelphia, Pa., Gregory P. Miller, Asst. U. S. Atty. (argued), Philadelphia, Pa., for appellee.

Before SEITZ, Chief Judge, HIGGINBOTHAM, Circuit Judge, and MEANOR, District Judge.

OPINION OF THE COURT

A. LEON HIGGINBOTHAM, Jr., Circuit Judge.

When a federal officer executes a search warrant of a house, Section 3109 of Title 18 of the Federal Code generally requires that he give "notice of his authority and purpose" and be "refused admittance" before he may "break" into the premises. In this appeal we must determine whether the officer must comply with the announcement requirements of Section 3109 when he reasonably believes that he...

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