U.S. v. OWENS

No. 00-CO-1309.

788 A.2d 570 (2002)

UNITED STATES, Appellant, v. Anthony OWENS, Appellee.

District of Columbia Court of Appeals.

Decided January 10, 2002.


Attorney(s) appearing for the Case

Valinda Jones, Assistant United States Attorney, with whom Roscoe C. Howard, Jr., United States Attorney, and John R. Fisher and Glenn S. Leon, Assistant United States Attorneys, were on the brief, for appellant.

Jerry Ray Smith, for appellee.

Before SCHWELB, FARRELL, and RUIZ, Associate Judges.


FARRELL, Associate Judge:

This government appeal concerns an application of the general knock-and-announce statute, D.C.Code § 23-524(a) (2001). A police officer, part of a team executing a search warrant at an apartment, waited forty-five seconds after first identifying his presence before forcibly entering the apartment. The trial court nonetheless suppressed evidence seized during the search because only after thirty seconds of that time had elapsed did the...

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