U.S. v. GROGINS

No. 97-4931.

163 F.3d 795 (1998)

UNITED STATES of America, Plaintiff-Appellant, v. George Alan GROGINS, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided November 16, 1998.


Attorney(s) appearing for the Case

Argued: Timothy Richard Murphy, Special Assistant United States Attorney, Norfolk, Virginia, for Appellant. Timothy Gerard Clancy, Cumming, Hatchett & Jordan, Hampton, Virginia, for Appellee. On brief: Helen F. Fahey, United States Attorney, Robert E. Bradenham II, Assistant United States Attorney, Norfolk, Virginia, for Appellant. Lisa A. Mallory, Cumming, Hatchett & Jordan, Hampton, Virginia, for Appellee.

Before WILKINSON, WILKINS and NIEMEYER, C.J.


Reversed and remanded by published opinion. Chief Judge WILKINSON wrote the opinion, in which Judge WILKINS and Judge NIEMEYER joined.

OPINION

WILKINSON, C.J.

George Alan Grogins was charged with possession with intent to distribute heroin and cocaine in violation of 21 U.S.C. § 841(a)(1). The district court granted Grogins' motion to suppress drug evidence seized at his home on the grounds that the police officers unreasonably failed to knock...

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