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United States v. Banks

Docket No.: 02-473
Certiorari Granted: Feb 24 2003
Argued: October 15, 2003
Decided: December 2, 2003

Topics:

Amendment 4: Fourth Amendment, Criminal Procedure, Search and Seizure, Bill of Rights, Fourth Amendment, Miranda, habeas, habeas corpus, judicial review, privacy, probable cause, res judicata, searches and seizures

PartyNames: United States v. Lashawn Lowell Banks
Petitioner: United States
Respondent: Lashawn Lowell Banks

Court Below: United States Court of Appeals for the Ninth Circuit
Citation: CA 9, 282 F.3d 699. QUESTION PRESENTED Whether law enforcement officers executin g a warrant to search for illegal drugsviolated the Fourth Amendment and 18 U. S.C. 3109, thereby requiring suppression of evidence, when they forcibly entere d a small apartment in the middle of theafternoon 15-20 seconds after knocking and announcing their presence.
Supreme Court Docket

United States
v.
Lashawn Lowell Banks
540 U.S. 31 (2003)
Question:

How long must officers wait after knocking on a door before they can use force to break it down in order to execute a warrant?

Note:

. CA 9, 282 F.3d 699. QUESTION PRESENTED Whether law enforcement officers executin g a warrant to search for illegal drugsviolated the Fourth Amendment and 18 U. S.C. 3109, thereby requiring suppression of evidence, when they forcibly entere d a small apartment in the middle of theafternoon 15-20 seconds after knocking and announcing their presence. CERT. GRANTED: 2/24/03

United States v. Banks
ORAL ARGUMENT

October 15, 2003

Holding: reversed
Decision: Decision: 9 votes for United States, 0 vote(s) against
Vote: 9-0
Opinion By:

United States v. Banks
Case Documents

1Opinion in United States v. Banks
2Opinion in United States v. Banks
3Slip Opinion in United States v. Banks
Additional documents for this case are pending review.