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U.S. v. KEMP

No. 93-3044.

12 F.3d 1140 (1994)

UNITED STATES of America, Appellant, v. Maurice KEMP, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided January 14, 1994.

Attorney(s) appearing for the Case

Michael D. Brittin, Asst. U.S. Atty., Washington, DC, argued the cause for appellant. With him on the briefs were J. Ramsey Johnson, U.S. Atty. at the time the briefs were filed, John R. Fisher, Roy W. McLeese, III, and Cathleen M. Corken, Asst. U.S. Attys.

Mark J. Rochon, Washington, DC, argued the cause and filed the brief for appellee.

Before WALD, GINSBURG and SENTELLE, Circuit Judges.

Opinion for the Court filed by Circuit Judge GINSBURG.

Concurring opinion filed by Circuit Judge WALD.

GINSBURG, Circuit Judge:

The Government appeals a district court order granting the defendant's motion to suppress physical evidence on the ground that it was seized in violation of the federal knock and announce statute, 18 U.S.C. § 3109. We hold that the officer's entry into the premises to be searched when the door

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