U.S. v. PETERSON

No. 03-30025.

353 F.3d 1045 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Thomas Dale PETERSON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed December 30, 2003.


Attorney(s) appearing for the Case

Robert Gombiner, Assistant Federal Public Defender, Seattle, Washington, for defendant-appellant Thomas Dale Peterson.

Helen J. Brunner, Assistant United States Attorney, Seattle, Washington, Ilene J.K. Miller, Assistant United States Attorney, Tacoma, Washington, for plaintiff-appellee United States of America.

Before: Andrew J. KLEINFELD, Ronald M. GOULD, and Richard C. TALLMAN, Circuit Judges.


OPINION

TALLMAN, Circuit Judge.

Thomas Dale Peterson asserts that a police SWAT team failed to fully comply with the knock-and-announce requirement prior to executing a warrant to search his residence. He appeals the denial of his motion to suppress the evidence found. Because the SWAT team's entry in this case violated neither the Fourth Amendment nor 18 U.S.C. § 3109, we affirm.

I

In late 2001, Vancouver, Washington, police officers...

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