Skip to content
Name: U.S. v. Peterson
Case #: 03-30025
Court: US Court of Appeals
District 9 Cir
Opinion Date: 12/20/2003
Subsequent History: None
Summary

A no-knock entry is justified by futility, potential destruction of evidence, and danger. Here, police officers arrived, accompanied by a SWAT team, to execute a search pursuant to a warrant of Peterson’s residence. Before the officers could knock, another resident, Edwards, opened the front door, thinking he heard a prowler. When he saw the officers, he attempted to close the front door. The officers announced they were there with a search warrant, forced the door back open, and went inside. Explosives, cash, drugs, and stolen mail were found during a search. In this appeal, the appellate court reviewed whether the SWAT team’s failure to adhere to the knock/notice statue was justified by exigent circumstances. The court held that it was.