U.S. v. PELLETIER

No. 06-1287.

469 F.3d 194 (2006)

UNITED STATES of America, Appellee, v. Joseph PELLETIER, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided November 28, 2006.


Attorney(s) appearing for the Case

Michael B. Whipple, with whom Thomas F. Hallett Law Offices was on brief, for appellant.

Margaret D. McGaughey, Assistant United States Attorney (Appellate Chief), with whom Paula D. Silsby, United States Attorney, was on brief, for appellee.

Before SELYA and HOWARD, Circuit Judges, and SMITH, District Judge.


SELYA, Circuit Judge.

During its last term, the Supreme Court held that a violation of the "knock and announce" rule in the course of executing a search warrant did not justify the suppression of evidence subsequently discovered. See Hudson v. Michigan, ___ U.S. ___, 126 S.Ct. 2159, 165 L.Ed.2d 56 (2006). This appeal requires us to determine whether Hudson should be extended to a knock and announce violation committed in the course of executing an arrest...

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