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U.S. v. BONNER

Nos. 88-3042, 88-3043.

874 F.2d 822 (1989)

UNITED STATES of America v. Joseph BONNER, Appellant. UNITED STATES of America v. James TURNER, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided May 12, 1989.

Attorney(s) appearing for the Case

Frederick S. Young, Washington, D.C. (student counsel), with whom Steven Goldblatt and Dori K. Bernstein were on the brief, for Joseph Bonner.

Lawrence M. Baskir (appointed by the Court), for James Turner.

Andrew Levchuk, Attorney, Dept. of Justice, with whom Jay B. Stephens, U.S. Atty., and Michael W. Farrell, Washington, D.C., Asst. U.S. Atty., were on the brief, for U.S.

Before WALD, Chief Judge, and STARR and D.H. GINSBURG, Circuit Judges.

Opinion for the Court filed by Circuit Judge STARR.

Dissenting opinion filed by Chief Judge WALD.

STARR, Circuit Judge:

This case requires us to determine whether Metropolitan Police Department officers, in executing a search warrant, complied with the federal "knock and announce" statute, 18 U.S.C. § 3109 (1982). That statute provides in pertinent part:

The officer may break open any outer or inner door or window of a house ...

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