U.S. v. NIELSON

No. 04-3424.

415 F.3d 1195 (2005)

UNITED STATES of America, Plaintiff-Appellant, v. Lawrence D. NIELSON, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

July 21, 2005.


Attorney(s) appearing for the Case

Patty Merkamp Stemler, Chief, Criminal Appellate Section, United States Department of Justice, Washington D.C. (Eric F. Melgren, United States Attorney, District of Kansas and Gregory G. Hough, Assistant United States Attorney, District of Kansas, with her on the briefs), for Plaintiff-Appellant.

Kirk C. Redmond, Federal Public Defender, Topeka, Kansas (David J. Phillips, Federal Public Defender and Ronald E. Wurtz, Assistant Federal Public Defender for the District of Kansas, Topeka, Kansas on the brief), for Defendant-Appellee.

Before SEYMOUR, HOLLOWAY, and LUCERO, Circuit Judges.


LUCERO, Circuit Judge.

We must decide whether law enforcement officers violated Lawrence D. Nielson's Fourth Amendment rights when they executed a search warrant that authorized them to enter his home without complying with the Fourth Amendment's knock and announce requirement. Finding under the totality of the circumstances that officers were obligated to knock and announce prior to entering, the district court suppressed evidence seized during the search. Because...

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