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U.S. v. SARGENT

No. 02-1839.

319 F.3d 4 (2003)

UNITED STATES of America, Appellant, v. Roscoe B. SARGENT, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided February 5, 2003.

Rehearing and Suggestion for Rehearing Denied February 27, 2003.

Attorney(s) appearing for the Case

F. Mark Terison, Senior Litigation Counsel, with whom Paula D. Silsby, United States Attorney, was on brief, for appellant.

Brett D. Baber, with whom Baber & Weeks, P.A. was on brief, for appellee.

Before LYNCH, Circuit Judge, COFFIN and CAMPBELL, Senior Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied February 27, 2003.

LYNCH, Circuit Judge.

The question on appeal is whether the district court erred in suppressing evidence obtained in a search of an apartment, pursuant to a warrant. The suppression order was based on the brief amount of time — five seconds — between the police officers' knock and announcement and the forced entry into the apartment...

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