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COMMONWEALTH v. BUSH

No. 06-P-323.

71 Mass. App. Ct. 130 (2008)

COMMONWEALTH vs. FREDERICK J. BUSH.

Appeals Court of Massachusetts, Plymouth.

January 29, 2008.

Attorney(s) appearing for the Case

Michele R. Moretti for the defendant.

Kristen A. Stone, Assistant District Attorney, for the Commonwealth.

Present: BERRY, GREEN, & VCONO, JJ.

VUONO, J.

This appeal presents the issue whether a five-second delay between the time the police knocked on the defendant's door, announcing their presence and intention to execute a search warrant, and their forced entry into the apartment was reasonable. Based on circumstances indicating a threat to the safety of the police officers, a Superior Court judge ruled that a five-second interval satisfied the knock and...

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