Sabbath v. United States, 391 U.S. 585 (1968). · Go Syfert
Sabbath v. United States, 391 U.S. 585 (1968). Cases Citing This Book View Copy Cite
2,007 citation events (263 in the last 25 years) across 111 distinct courts.
Strongest positive: United States v. Michael Weaver (cadc, 2015-09-04) · Strongest negative: United States v. Shafii Shaibu (ca9, 1990-02-14)
Treatment trajectory · 1968 → 2026 · click a year to view as-of
1968 1997 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited "but see" United States v. Shafii Shaibu (3×)
9th Cir. · 1990 · signal: but cf. · confidence high
United States v. Valenzuela, 596 F.2d 1361, 1365-66 (9th Cir.1979); Ng Pui Yu v. United States, 352 F.2d 626, 629-30 (9th Cir.1965); Steagald v. United States, 451 U.S. at 217 n. 11, 101 S.Ct. at 1650 n. 11 (1981); but cf. Keiningham v. United States, 287 F.2d 126, 130 (D.C.Cir.1960) (holding that statutory requirement to announce purpose and request entry applies whenever police “enter without permission,” cited with apparent approval in Ker v. California, 374 U.S. 23, 38 , 83 S.Ct. 1623, 1632 , 10 L.Ed.2d 726 (1963), and in Sabbath v. United States, 391 U.S. 585, 590 , 88 S.Ct. 1755, 175…
examined Cited "but see" United States v. Shaibu (3×)
9th Cir. · 1990 · signal: but cf. · confidence high
United States v. Valenzuela, 596 F.2d 1361, 1365-66 (9th Cir.1979); Ng Pui Yu v. United States, 352 F.2d 626, 629-30 (9th Cir.1965); Steagald v. United States, 451 U.S. at 217 n. 11, 101 S.Ct. at 1650 n. 11 (1981); but cf. Keiningham v. United States, 287 F.2d 126, 130 (D.C.Cir.1960) (holding that statutory requirement to announce purpose and request entry applies whenever police “enter without permission,” cited with apparent approval in Ker v. California, 374 U.S. 23, 38 , 83 S.Ct. 1623, 1632 , 10 L.Ed.2d 726 (1963), and in Sabbath v. United States, 391 U.S. 585, 590 , 88 S.Ct. 1755, 175…
examined Cited as authority (verbatim quote) United States v. Michael Weaver (21×) also: Cited as authority (rule), Cited "see"
D.C. Cir. · 2015 · quote attribution · 1 verbatim quote · confidence high
he rule of announcement . . . safeguard officers, who might be mistaken, upon an unannounced intrusion into a home, for someone with no right to be there.
examined Cited as authority (verbatim quote) State v. Lee (6×) also: Cited as authority (quoted), Cited "see"
Tenn. Crim. App. · 1991 · signal: see · quote attribution · 3 verbatim quotes · confidence high
to safeguard officers, who might be mistaken, upon an unannounced intrusion into a home, for someone with no right to be there
examined Cited as authority (quoted) Wingrove v. Forshey (3×)
S.D. Ohio · 2002 · quote attribution · 3 verbatim quotes · confidence low
an unannounced intrusion into a dwelling ... is no less an unannounced intrusion whether officers break down a door, force open a chain lock on a partially open door, open a locked door by use of a passkey, or ... open a closed but unlocked door.
examined Cited as authority (quoted) United States v. Clyde A. Gatewood (10×) also: Cited "see"
6th Cir. · 1995 · signal: see · quote attribution · 2 verbatim quotes · confidence high
an unannounced intrusion into a dwelling--what sec. 3109 basically proscribes--is no less an unannounced intrusion whether officers break down a door, force open a chain lock on a partially open door, open a locked door by use of a passkey, or, as here, open a closed but unlocked…
discussed Cited as authority (quoted) United States v. Sue Monroe
9th Cir. · 1993 · signal: see · quote attribution · 1 verbatim quote · confidence high
s 3109 applies to entries effected by the use of a passkey
discussed Cited as authority (rule) State v. Robinson
N.C. Ct. App. · 2021 · confidence medium
According to the Supreme Court of the United States, “[a]n unannounced intrusion into a dwelling . . . is no less an unannounced intrusion whether officers break down a door, force open a chain lock on a partially open door, open a locked door by use of a passkey, or . . . open a closed but unlocked door.” Id. at 590 , 20 L.
discussed Cited as authority (rule) State v. Robinson
N.C. Ct. App. · 2021 · confidence medium
According to the Supreme Court of the United States, “[a]n unannounced intrusion into a dwelling . . . is no less an unannounced intrusion whether officers break down a door, force open a chain lock on a partially open door, open a locked door by use of a passkey, or . . . open a closed but unlocked door.” Id. at 590 , 20 L.
discussed Cited as authority (rule) Hourin v. State (2×) also: Cited "see"
Ga. · 2017 · confidence medium
The State subsequently noted that OCGA § 17-5-28 (2) allows officers executing a search warrant to detain or search persons on the property to prevent the disposal of items described in the States, 391 U. S. 585, 589-590 ( 88 SCt 1755 , 20 LE2d 828) (1968) (construing federal statute as drawn from common law rule; “An unannounced intrusion into a dwelling . . . is no less an unannounced intrusion whether officers break down the door, force open a chain lock on a partially open door, open a locked door by use of a passkey, or, as here, open a closed but unlocked door.”). 10 The origin of t…
discussed Cited as authority (rule) Hourin v. State (2×) also: Cited "see"
Ga. · 2017 · confidence medium
There is some authority that the common law of England required an officer to comply with knock-and-announce procedures before opening an unlocked door — although perhaps only when entering a “dwelling.” See Sabbath v. United States, 391 U. S. 585, 589-590 ( 88 SCt 1755 , 20 LE2d 828) (1968) (construing federal statute as drawn from common law rule; “An unannounced intrusion into a dwelling ... is no less an unannounced intrusion whether officers break down the door, force open a chain lock on a partially open door, open a locked door by use of a passkey, or, as here, open a closed but…
discussed Cited as authority (rule) Roger Trent v. Steven Wade (2×)
5th Cir. · 2015 · confidence medium
Employing a similar interpretation of the futility 8Although the statute, by its terms, applies only to the execution of search warrants, the Supreme Court has held that “the validity of . . . an entry of a federal officer to effect an arrest without a warrant must be tested by criteria identical with those embodied in [§ 3109].” Sabbath v. United States, 391 U.S. 585, 588 (1968). 13 Case: 13-10960 Document: 00512896131 Page: 14 Date Filed: 01/09/2015 No. 13-10960 justification, the Seventh Circuit reasoned that a warrantless, no-knock entry violated the knock-and-announce rule.
discussed Cited as authority (rule) John Rudolph Martinez v. State
Tex. App. · 2007 · confidence medium
In Sabbath, 391 U.S. at 590 n.7, the Supreme Court, discussing the “knock-and- announce” rule under 18 U.S.C.A. section 3109 , stated: “We do not here deal with entries obtained 6 See also United States v. Phillips, 497 F.2d 1131, 1134 (9th Cir. 1974) (confirming validity of Leahy, after decision in Sabbath v. United States, 391 U.S. 585, 589-91 (1968)). 9 by ruse, which have been viewed as involving no ‘breaking.’” See, e.g., Smith v. United States, 357 F.2d 486, 488 (5th Cir. 1966); Leahy, 272 F.2d at 489 ; see also Wilgus, Arrest Without a Warrant, 22 Mich. L.
discussed Cited as authority (rule) State v. Ramos
Idaho Ct. App. · 2005 · confidence medium
That Court has, however, analyzed this issue when ruling on violations of the federal knock-and-announce statute, 18 U.S.C. 3109. 3 See Sabbath v. United States, 391 U.S. 585, 588-91 , 88 S.Ct. 1755, 1757-59 , 20 L.Ed.2d 828, 832-34 (1968); Miller v. United States, 357 U.S. 301, 306-14 , 78 S.Ct. 1190, 1194-98 , 2 L.Ed.2d 1332, 1336-41 (1958).
discussed Cited as authority (rule) Leaf, Larry J. v. Shelnutt, Ronald (2×) also: Cited "see, e.g."
7th Cir. · 2005 · confidence medium
Even a minor entry or an entry which does not cause property damage is a “breaking.” See, e.g., United States v. Ramirez, 523 U.S. 65, 71-72 (1998) (officers broke one garage window and pointed gun through broken window); Sabbath v. United States, 391 U.S. 585, 589-90 (1968) (holding that opening of closed but unlocked door by police officers consti- tuted “breaking” under § 3109); Miller, 357 U.S. at 305-06 (holding that, when officers ripped the chain off door to gain entry before announcing purpose to arrest, requirements of § 3109 were not fulfilled).
discussed Cited as authority (rule) Davis v. State
Md. · 2004 · confidence medium
Relying on Miller , in Sabbath v. U.S., 391 U.S. 585, 589-90 , 88 S.Ct. 1755, 1758-59 , 20 L.Ed.2d 828, 833-834 (1968), the Court held that a California State statute identical to the federal statute prohibiting entry pursu *412 ant to a search warrant, unless an officer first knocked and announced his or her presence, was not limited only to when force was used to enter the premises but rather, placing emphasis on the lack of announcement, applied to any entry without announcement.
discussed Cited as authority (rule) Walker v. State
Ala. Crim. App. · 2004 · confidence medium
States, 391 U.S. 585, 591, n. 8 (1968)(suggesting that both the 'common law’ rule of announcement and entry and its ‘exceptions' were codified in § 3109); Ker v. California, 374 U.S. 23 (1963)(plurality opinion)(reasoning that an unannounced entry was reasonable under the ‘exigent circumstances' of that case, without addressing the antecedent question whether the lack of announcement might render a search unreasonable under other circumstances).” .
discussed Cited as authority (rule) State v. Lee
Md. · 2003 · confidence medium
Wilson v. Arkansas, 514 U.S. 927, 931-34 , 115 S.Ct. 1914, 1916-18 , 131 L.Ed.2d 976, 980-82 (1995); Sabbath v. United States, 391 U.S. 585, 589 , 88 S.Ct. 1755, 1758 , 20 L.Ed.2d 828, 833 (1968); Miller, supra, 357 U.S. at 306-08 , 78 *286 S.Ct. at 1194, 2 L.Ed.2d at 1337-38 .
discussed Cited as authority (rule) United States v. Sonya Evette Singleton
10th Cir. · 1998 · confidence medium
The Supreme Court itself has applied the rule to various statutory violations, see Sabbath v. United States, 391 U.S. 585, 586, 588-90 , 88 S.Ct. 1755 , 20 L.Ed.2d 828 (1968); Miller v. United States, 357 U.S. 301, 313-14 , 78 S.Ct. 1190 , 2 L.Ed.2d 1332 (1958); Nardone v. United States, 308 U.S. 338, 339-41 , 60 S.Ct. 266 , 84 L.Ed. 307 (1939); Nardone v. United States, 302 U.S. 379, 380-84 , 58 S.Ct. 275 , 82 L.Ed. 314 (1937), and has held open this application while denying use of the rule for certain regulatory violations, see United States v. Caceres, 440 U.S. 741 , 754-55 & n. 21, 99 S.C…
discussed Cited as authority (rule) United States v. Ramirez (2×)
SCOTUS · 1998 · confidence medium
In Miller v. United States, 357 U. S. 301, 313 (1958), we noted that §3109’s "requirement of prior notice . .. before forcing entry ... codif[ied] a tradition embedded in Anglo-American law.” We repeated this point in Sabbath v. United States, 391 U. S. 585, 591, n. 8 (1968) (referring to §3109 as “codification” of the common law).
cited Cited as authority (rule) State v. Dixon
Haw. · 1996 · confidence medium
Id. at 589-90, 88 S.Ct. at 1758 (emphasis added) (citation and footnotes omitted).
discussed Cited as authority (rule) United States v. Stanley Amos Singer
9th Cir. · 1995 · confidence medium
Sabbath v. United States, 391 U.S. 585, 588 (1968); United States v. Bustamante-Gamez, 488 F.2d 4, 9 (1973). 21 Moreover, in a recent case, decided after conclusion of Singer's trial, the Supreme Court held that the "common-law 'knock and announce' principle forms a part of the reasonableness inquiry under the Fourth Amendment." Wilson v. Arkansas, 115 S. Ct. 1914, 1916 (1995).
cited Cited as authority (rule) United States v. Robert Joseph Bahm
10th Cir. · 1994 · confidence medium
Sabbath v. United States, 391 U.S. 585, 588 (1968); United States v. Valenzuela, 596 F.2d 824, 829-30 (9th Cir.1979).
cited Cited as authority (rule) Jeffrey Scott Passon v. F.D. Lockhart R. Sweitzer, Lt. Greg Dehart B. Brand Mark Stephenson
6th Cir. · 1993 · confidence medium
Sabbath v. United States, 391 U.S. 585, 590 (1968).
discussed Cited as authority (rule) United States v. David Ugarte Otero, Jr.
9th Cir. · 1993 · confidence medium
In United States v. Little, 753 F.2d 1420, 1435 (9th Cir.1984), we recognized three interests that the enforcement section 3109 was designed to serve: "(1) it provides protection from violence, assuring the safety and security of both the occupants and the entering officers; (2) it protects an individual's right to privacy; and (3) it protects against the needless destruction of private property." See also Sabbath v. United States, 391 U.S. 585, 587 (1968). 24 In this case, the officers' breaking of the outer screen door without knocking and announcing their authority violated the interests th…
discussed Cited as authority (rule) United States v. Robinson (2×)
10th Cir. · 1992 · confidence medium
Certainly, if it were established that “the executing officers failed to announce their authority and purpose before forcibly entering the dwelling, and that no exigent circumstances were shown, the evidence seized must be suppressed as the fruit of an unlawful search.” United States v. Ruminer, 786 F.2d 381, 383 (10th Cir.1986) (citing Sabbath v. United States, 391 U.S. 585, 586, 589 , 88 S.Ct. 1755, 1756, 1757 , 20 L.Ed.2d 828 (1967)).
discussed Cited as authority (rule) United States of America, Plaintiff-Appellee/cross-Appellant v. Deshawn Lee Robinson A/K/A Leland Kirk, Defendant-Appellant/cross-Appellee. United States of America v. Jeffrey Meekes A/K/A Orris Weathington, United States of America v. Keith Jackson A/K/A Kevin McElhannon (2×)
10th Cir. · 1992 · confidence medium
Certainly, if it were established that "the executing officers failed to announce their authority and purpose before forcibly entering the dwelling, and that no exigent circumstances were shown, the evidence seized must be suppressed as the fruit of an unlawful search." United States v. Ruminer, 786 F.2d 381, 383 (10th Cir.1986) (citing Sabbath v. United States, 391 U.S. 585, 586, 589 , 88 S.Ct. 1755, 1756, 1757 , 20 L.Ed.2d 828 (1967)).
cited Cited as authority (rule) State v. Matos
N.H. · 1992 · confidence medium
It protects privacy interests and provides insurance against violent reactions, Sabbath v. United States, 391 U.S. 585, 589 (1968); State v. Thompson, 132 N.H. 730, 733 , 571 A.2d 266, 268 (1990).
discussed Cited as authority (rule) United States v. Robert Lee Smith (No. 90-4041), Donald Dozier (No. 90-4062) A/K/A Darrell Thomas
6th Cir. · 1991 · confidence medium
Hull, United States District Court, Eastern District of Tennessee, sitting by designation 1 The federal "knock-and-announce" statute is a codification of traditional Anglo-American rules embodying "fundamental values." Sabbath v. United States, 391 U.S. 585, 589 (1968).
cited Cited as authority (rule) People v. Lamas
Cal. Ct. App. · 1991 · confidence medium
(Sabbath v. United States (1968) 391 U.S. 585, 590 [ 20 L.Ed.2d 828, 834 , 88 S.Ct. 1755 ].) Where the door is already open, the officers must still identify themselves before entering.
discussed Cited as authority (rule) United States v. Sinclair
D.D.C. · 1990 · confidence medium
Id. at 589, 88 S.Ct. at 1758 (Footnote omitted.) The government cites several cases from other circuits which it asserts demonstrate that there is unanimous agreement that entering through an open door does not violate Section 3109.
cited Cited as authority (rule) State v. Thompson
N.H. · 1990 · confidence medium
Sabbath v. United States, 391 U.S. 585, 589 (1968).
examined Cited as authority (rule) People v. Gifford (7×) also: Cited "see, e.g."
Colo. · 1989 · confidence medium
Lizarraga v. United States, 441 U.S. 965 , 99 S.Ct. 2415 , 60 L.Ed.2d 1071 (1979) ("to some extent, the knock-notice requirements of 18 U.S.C. § 3109 have been incorporated into the fourth amendment" (brackets omitted)). [6] Compare Sabbath, 391 U.S. at 589 , 88 S.Ct. at 1758 (use of force not indispensable to a "breaking" within the meaning of 18 U.S.C. § 3109 ), with Lujan, 174 Colo. at 559 , 484 P.2d at 1241 (officers must identify themselves and make their purpose known before attempting a "forced entry" (emphasis added)).
discussed Cited as authority (rule) United States v. Burl Allen Peveto, Jr., United States of America v. Melvin Ray Rodgers, United States of America v. Carl Eugene Hines, A/K/A Geno Hines (2×)
10th Cir. · 1989 · confidence medium
Sec. 3109 (1982). 5 "If the record clearly establishes the defendants' contention that the executing officers failed to announce their authority and purpose before forcibly entering the dwelling, and that no exigent circumstances were shown, the evidence must be suppressed as the fruit of an unlawful search." United States v. Ruminer, 786 F.2d 381, 383 (10th Cir.1986) (citing Sabbath v. United States, 391 U.S. 585, 586, 589 , 88 S.Ct. 1755, 1756, 1757-1758 , 20 L.Ed.2d 828 (1968)).
discussed Cited as authority (rule) United States v. Peveto (2×)
10th Cir. · 1989 · confidence medium
Peveto also argues that the officers who searched his apartment failed to announce their authority and purpose before entering, in violation of 18 U.S.C. § 3109 (1982). 5 “If the record clearly establishes the defendants’ contention that the executing officers failed to announce their authority and purpose before forcibly entering the dwelling, and that no exigent circumstances were shown, the evidence must be suppressed as the fruit of an unlawful search.” United States v. Ruminer, 786 F.2d 381, 383 (10th Cir.1986) (citing Sabbath v. United States, 391 U.S. 585, 586, 589 , 88 S.Ct. 175…
discussed Cited as authority (rule) People v. MacIoce
Cal. Ct. App. · 1987 · confidence medium
It is true that when he unlocked the apartment door he committed a technical “breaking.” (Sabbath v. United States (1968) 391 U.S. 585, 589-590, fn. 5 [ 20 L.Ed.2d 828, 833-834 , 88 S.Ct. 1755 ].) But his failure to knock or to ring the doorbell was excused by the fact that repeated knocks on previous days, and a knocking just 20 minutes earlier, had proved unfruitful.
discussed Cited as authority (rule) People v. Tacy
Cal. Ct. App. · 1987 · confidence medium
We ought to swallow the hemlock now and have done with it.” (Id., at p. 1003.) 6 Contrary to the Attorney General’s contention, the opening of an unlatched screen door constitutes a “breaking.” (Sabbath v. United States (1968) 391 U.S. 585, 589-590, fn. 5 [ 20 L.Ed.2d 828, 833-834 , 88 S.Ct. 1755 ]; People v. Rosales (1968) 68 Cal.2d 299, 303 [ 66 Cal.Rptr. 1 , 437 P.2d 489 ]; United States v. Bustamente-Gomez, supra, 488 F.2d at pp. 9-10; United States v. Teti (D.C.
discussed Cited as authority (rule) People v. Jacobs (2×)
Cal. · 1987 · signal: cf. · confidence medium
(Duke v. Superior Court (1969) 1 Cal. 3d 314, 321 [ 82 Cal.Rptr. 348 , 461 P.2d 628 ]; see People v. Bennetto, supra, 10 Cal.3d at p. 699 [passkey]; People v. Bradley (1969) 1 Cal. 3d 80, 87 [ 81 Cal.Rptr. 457 , 460 P.2d 129 ] [open door “at nighttime when the occupant apparently is asleep”]; People v. Rosales (1968) 68 Cal.2d 299, 303 [ 66 Cal.Rptr. 1 , 437 P.2d 489 ] [unlocked screen door]; cf. Sabbath v. United States (1968) 391 U.S. 585, 590 [ 20 L.Ed.2d 828, 834 , 88 S.Ct. 1755 ] [closed but unlocked door].) If the police obtain valid consent to enter, however, the entry is not consid…
discussed Cited as authority (rule) United States v. Michael A. Messam
6th Cir. · 1986 · confidence medium
In Sabbath v. United States, 391 U.S. 585, 591, note 8 (1968), the Supreme Court expressed approval of the following exceptions: 12 "(1) where the persons within already know of the officers' authority and purpose, or (2) where the officers are justified in the belief that persons within are in imminent peril of bodily harm, or (3) where those within, made aware of the presence of someone outside (because, for example, there has been a knock at the door) are then engaged in activity which justifies the officers in the belief that an escape or the destruction of evidence is being attempted." 13…
discussed Cited as authority (rule) Commonwealth v. Morgan (2×)
Pa. · 1986 · confidence medium
The announcement doctrine is designed to protect the privacy afforded by the Fourth Amendment; an intrusion is no less an intrusion `whether officers break down a door, force open a chain lock on a partially open door, open a locked door by use of a passkey, or . . . open a closed but unlocked door.' Sabbath v. United States, 391 U.S. 585, 590 , 88 S.Ct. 1755, 1758 , 20 L.Ed.2d 828, 834 (1968).
discussed Cited as authority (rule) People v. Neer (2×)
Cal. Ct. App. · 1986 · confidence medium
Moreover, we note 18 United States Code section 3109 codifies “ ‘a tradition embedded in Anglo-American law, . . . the reverence of the law for the individual’s right of privacy in his house.’” (Sabbath v. United States (1968) 391 U.S. 585, 589 [ 20 L.Ed.2d 828, 833 , 88 S.Ct. 1755 ], quoting Miller v. United States (1958) 357 U.S. 301, 313 [ 2 L.Ed.2d 1332, 1340 , 78 S.Ct. 1190 ]; see also People v. Bradley (1969) 1 Cal.3d 80, 86-87 [ 81 Cal.Rptr. 457 , 460 P.2d 129 ]; People v. Maddox (1956) 46 Cal.2d 301 [ 294 P.2d 6 ].) See, e.g., People v. Cook (1978) 22 Cal.3d 67, 98 [ 148 Cal.…
discussed Cited as authority (rule) People v. Neer (2×)
Cal. Ct. App. · 1986 · confidence medium
While both statutes codify "`a tradition embedded in Anglo-American law, ... the reverence of the law for the individual's right of privacy in his house'" ( Sabbath v. United States (1968) 391 U.S. 585, 589 [ 20 L.Ed.2d 828, 833 , 88 S.Ct. 1755 ], quoting Miller v. United States (1958) 357 U.S. 301, 313 [ 2 L.Ed.2d 1332, 1340 , 78 S.Ct. 1190 ]), as we shall see, they are not always interpreted in the same way.
discussed Cited as authority (rule) United States v. Brown
D.D.C. · 1986 · confidence medium
In Sabbath v. United States, 391 U.S. 585 , 88 S.Ct. 1755 , 20 L.Ed.2d 828 (1968), the Court recognized that “there is little reason why those limited exceptions (to any possible constitutional rule relating to announcement and entry) might not also apply to § 3109, since they existed at common law, to which the statute is a codification.” Id. at 591 n. 8, 88 S.Ct. at 1759, n. 8 .
cited Cited as authority (rule) State v. Jones
N.H. · 1985 · confidence medium
Sabbath v. United States, 391 U.S. 585, 589 (1968).
examined Cited as authority (rule) State v. Sakellson (4×)
N.D. · 1985 · confidence medium
The federal statute which corresponds to Section 29-29-08, N.D.C.C., is 18 U.S.C. *788 § 3109. [3] The Supreme Court in Sabbath v. United States, 391 U.S. 585, 590 , 88 S.Ct. 1755, 1758 , 20 L.Ed.2d 828, 854 (1968), reh. den. 393 U.S. 901 , 89 S.Ct. 63 , 21 L.Ed.2d 188 (1968), stated: "An unannounced intrusion into a dwelling—what § 3109 basically proscribes— is no less an unannounced intrusion whether officers break down a door, force open a chain lock on a partially open door, open a locked door by use of a passkey, or, as here, open a closed but unlocked door." [Footnote omitted.] Consp…
discussed Cited as authority (rule) State v. Farber (2×)
Iowa · 1982 · confidence medium
Sabbath v. United States, 391 U.S. 585, 589-90 , 88 S.Ct. 1755, 1758 , 20 L.Ed.2d 828, 833-34 (1968); W.
discussed Cited as authority (rule) United States v. Nolan
W.D. Pa. · 1981 · confidence medium
See, e.g., Payton v. New York, 445 U.S. 573, 583 , 100 S.Ct. 1371, 1378 , 63 L.Ed.2d 639 (1980); Sabbath, supra, 391 U.S. at 591, 1759 ; Ker, supra, 374 U.S. at 39-40 , 83 S.Ct. at 1632-1633 (opinion of Clark, J.); id. at 47 , 83 S.Ct. at 1636 (opinion of Brennan, J.) The existence of an exigent circumstance exception has been recognized by the Court of Appeals for the Third Circuit in reliance on the Supreme Court’s discussion of the issue.
discussed Cited as authority (rule) State v. Sanchez
Ariz. · 1981 · confidence medium
The United States Supreme Court has held that a statute similar to A.R.S. § 13-3916(B) governed the opening of a closed but unlocked door, explaining: “An unannounced intrusion into a dwelling — what § 3109 basically proscribes — is no less an unannounced intru *528 sion whether officers break down a door, force open a chain lock on a partially open door, open a locked door by use of a passkey, or, as here, open a closed but unlocked door.” Sabbath v. United States, 391 U.S. 585, 590 , 88 S.Ct. 1755, 1758 , 20 L.Ed.2d 828, 834 (1968). 1 We have held a former Arizona statute 2 imposin…
discussed Cited as authority (rule) State v. Steingraber (2×)
S.D. · 1980 · confidence medium
In Sabbath v. United States, 391 U.S. 585, 590 , 88 S.Ct. 1755, 1758 , 20 L.Ed.2d 828, 834 (1968), the United States Supreme Court stated: An unannounced intrusion into a dwelling—what § 3109 basically proscribes—is no less an unannounced intrusion whether officers break down a door, force open a chain lock on a partially open door, open a locked door by use of a passkey, or, as here, open a closed but unlocked door.
discussed Cited as authority (rule) Commonwealth v. Golden
Pa. Super. Ct. · 1980 · confidence medium
The protection afforded by, and the values inherent in, § 3109 must be ‘governed by something more than the fortuitous circumstance of an unlocked door.’ ” Sabbath v. United States, 391 U.S. 585, 590 , 88 S.Ct. 1755, 1758 , 20 L.Ed.2d 828, 834 (1968) (footnote omitted), quoting Keiningham v. United States, 287 F.2d 126 (D.C.Cir.1960).
Retrieving the full opinion text from the archive…
Sabbath
v.
United States
898.
Supreme Court of the United States.
Jun 3, 1968.
391 U.S. 585
Murray H. Bring, by appointment of the Court, 390 U. S. 935, argued the cause and filed briefs for petitioner., John S. Martin, Jr., argued the cause for the United States. On the brief were Solicitor General Griswold, Assistant Attorney General Vinson, Beatrice Rosenberg, and Kirby W. Patterson.
Marshall, Black.
Cited by 529 opinions  |  Published
5 passages pin-cited by 4 cases
Pinpoint authority: #17,704 of 633,719
Citer courts: S.D. Ohio (3) · Sixth Circuit (2) · Court of Criminal Appeals of T… (2) · Ninth Circuit (1)
Mr. Justice Marshall

delivered the opinion of the Court.

The issue in this case is whether petitioner's arrest was invalid because federal officers opened the closed but unlocked door of petitioner's apartment and entered in order to arrest him without first announcing their identity and purpose. We hold that the method of entry vitiated the arrest and therefore that evidence seized in the subsequent search incident thereto should not have been admitted at petitioner’s trial.

On February 19, 1966, one William Jones was detained at the border between California and Mexico by United States customs agents, who found in his possession an ounce of cocaine. After some questioning, Jones told the agents that he had been given the narcotics in Tijuana, Mexico, by a person named “Johnny," whom he had accompanied there from Los Angeles. He said he was to transport the narcotics to “Johnny” in the latter city.

Also found in Jones’ possession was a card on which was written the name “Johnny” and a Los Angeles telephone number. On the following day at about 3 p. m., Jones made a call to the telephone number listed on the card; a customs agent dialed the number, and with Jones’ permission, listened to the ensuing conversation. A male voice answered the call, and Jones addressed the man as “Johnny.” Jones said he was in San Diego, and still had “his thing.” The man asked Jones if he had “any trouble getting through the line.” Jones replied that he had not. Jones inquired whether “Johnny” planned to remain at home, and upon receiving an affirmative answer, indicated that he was on his way to Los Angeles, and would go to the man’s apartment.

[*587] At about 7:30 that evening, the customs agents went with Jones to an apartment building in Los Angeles. The agents returned to Jones the cocaine they had seized from him, and placed a small broadcasting device on him. The agents waited outside the building, listening on a receiving apparatus. Jones knocked on the apartment door; a woman answered. Jones asked if “Johnny” was in, and was told to wait a minute. Steps were heard and then a man asked Jones something about “getting through the line.” Because of noise from a phonograph in the apartment, reception from the broadcasting device on Jones’ person was poor, but agents did hear the word “package.”

The customs agents waited outside for five to 10 minutes, and- then proceeded to the apartment door. One knocked, waited a few seconds, and, receiving no response, opened the unlocked door, and entered the apartment with his gun drawn. Other agents followed, at least one of whom also had his gun drawn. They saw petitioner sitting on a couch, in the process of withdrawing his hand from under the adjacent cushion. After placing petitioner under arrest, an agent found the package of cocaine under the cushion, and subsequently other items (e. g., small pieces of tin foil) were found in the apartment; officers testified at trial they were adapted to packaging narcotics.

Petitioner and Jones were indicted for knowingly importing the cocaine into this country and concealing it, in violation of § 2 of the Narcotic Drugs Import and Export Act, as amended, 35 Stat. 614, 21 U. S. C. §§ 173 and 174. Petitioner was tried alone. The narcotics seized at petitioner’s apartment were admitted into evidence, over objection. On appeal, following the conviction, the Court of Appeals for the Ninth Circuit ruled that the officers, in effecting entry to petitioner’s apartment by opening the closed but unlocked door, did not “break open” the door within the meaning of 18[*588] U. S. C. § 3109 and therefore were not required by that statute to make a prior announcement of “authority and purpose.” 380 F. 2d 108. We granted certiorari, 389 TJ. S. 1003 (1967), to consider the somewhat uncomplicated but nonetheless significant issue of whether the agents’ entry was consonant with federal law. [1] We hold that it was not, and therefore reverse.

The statute here involved, 18 U. S. C. § 3109, [2] deals with the entry of federal officers into a dwelling in terms only in regard to the execution of a search warrant. This Court has held, however, that the validity of such an entry of a federal officer to effect an arrest without a warrant “must be tested by criteria identical with those embodied in” that statute. Miller v. United States, 357 U. S. 301, 306 (1958); Wong Sun v. United States, 371 U. S. 471, 482-484 (1963). [3] We therefore agree with[*589] the parties and with the court below that we must look to § 3109 as controlling.

In Miller v. United States, supra, the commonlaw background to § 3109 was extensively examined. [4] The Court there concluded, id., at 313:

“The requirement of prior notice of authority and purpose before forcing entry into a home is deeply rooted in our heritage and should not be given grudging application. Congress, codifying a tradition embedded in Anglo-American law, had declared in § 3109 the reverence of the law for the individual’s right of privacy in his house.”

It was also noted, id., at 313, n. 12, that another facet of the rule of announcement was, generally, to safeguard officers, who might be mistaken, upon an unannounced intrusion into a home, for someone with no right to be there. See also McDonald v. United States, 335 U. S. 451, 460-461 (concurring opinion).

Considering the purposes of § 3109, it would indeed be a “grudging application” to hold, as the Government urges, that the use of “force” is an indispensable element of the statute. To be sure, the statute uses the phrase “break open” and that connotes some use of force. But linguistic analysis seldom is adequate when a statute is designed to incorporate fundamental values and the ongoing development of the common law. [5] Thus, the[*590] California Supreme Court has recently interpreted the common-law rule of announcement codified in a state statute identical in relevant terms to § 3109 to apply to an entry by police through a closed but unlocked door. People v. Rosales, 68 Cal. 2d 299, 437 P. 2d 489 (1968). And it has been held that § 3109 applies to entries effected by the use of a passkey, [6] which requires no more force than does the turning of a doorknob. An unannounced intrusion into a dwelling — what § 3109 basically proscribes — is no less an unannounced intrusion whether officers break down a door, force open a chain lock on a partially open door, open a locked door by use of a passkey, or, as here, open a closed but unlocked door. [7] The protection afforded by, and the values inherent in, § 3109 must be “governed by something more than the fortuitous circumstance of an unlocked door.” Keiningham v. United States, 109 U. S. App. D. C. 272, 276, 287 F. 2d 126, 130 (1960).

[*591] The Government seeks to invoke an exception to the rule of announcement, contending that the agents’ lack of compliance with the statute is excused because an announcement might have endangered the informant Jones or the officers themselves. See, e. g., Gilbert v. United States, 366 F. 2d 923, 931 (C. A. 9th Cir. 1966), cert, denied, 388 U. S. 922 (1967); cf. Ker v. California, 374 U. S. 23, 39-40 (1963) (opinion of Clark, J.); id., at 47 (opinion of Brennan, J.). However, whether or not “exigent circumstances,” Miller v. United States, supra, at 309, would excuse compliance with § 3109, [8] this record does not reveal any substantial basis for excusing the failure of the agents here to announce their authority and purpose. The agents had no basis for assuming petitioner was armed or might resist arrest, or that Jones was in any danger. Nor, as to the former, did the agents make any independent investigation of petitioner prior to setting the stage for his arrest with the narcotics in his possession.

The judgment of the Court of Appeals is reversed, and the case is remanded for further proceedings consistent with this opinion.

Reversed and remanded.

Mr. Justice Black dissents.
1

The Government contends in this Court that petitioner did not adequately raise at trial the issue of the agents’ manner of entry, and therefore that it did not have sufficient opportunity to indicate the full circumstances surrounding the entry and petitioner’s arrest. However, petitioner’s trial counsel, in the course of objecting, clearly stated there were no facts “sufficient to justify this officer’s breaking into” the apartment, and his objection was truncated by a ruling of the trial judge. In any event, the Government met the issue on the merits in the Court of Appeals, and apparently did not there contend the record was inadequate for its resolution; and the Court of Appeals decided the issue on the merits. In these circumstances, we are justified in likewise doing so.

2

“The officer may break open any outer or inner door or window of a house, or any part of a house, or anything therein, to execute a search warrant, if, after notice of his authority and purpose, he is refused admittance or when necessary to liberate himself or a person aiding him in the execution of the warrant.”

3

See also, e. g., Ng Pui Yu v. United States, 352 F. 2d 626, 631 (C. A. 9th Cir. 1965); Gatlin v. United States, 117 U. S. App. D. C. 123, 130, 326 F. 2d 666, 673 (C. A. D. C. Cir. 1963); United States v. Cruz, 265 F. Supp. 15, 21 (W. D. Tex. 1967).

4

See also Ker v. California, 374 U. S. 23, 47-59 (1963) (opinion of BreNNAN, J.).

5

While distinctions are obvious, a useful analogy is nonetheless afforded by the common and case law development of the law of burglary: a forcible entry has generally been eliminated as an element of that crime under statutes using the word “break,” or similar words. See R. Perkins, Criminal Law 149-150 (1957); J. Michael & H. Wechsler, Criminal Law and Its Administration 367-382 (1940); Note, A Rationale of the Law of Burglary, 51 Col. L. Rev. 1009, 1012-1015 (1951). Commentators on the law of arrest have[*590] viewed the development of that body of law as similar. See EL Voorhees, Law of Arrest §§ 159, 172-173 (1904); Wilgus, Arrest Without a Warrant, 22 Mich. L. Rev. 798, 806 (1924):

“What constitutes ‘breaking’ seems to be the same as in burglary: lifting a latch, turning a door knob, unhooking a chain or hasp, removing a prop to, or pushing open, a closed door of entrance to the house, — even a closed screen door ... is a breaking . . . .” (Footnotes omitted.)

See generally Blakey, The Rule of Announcement and Unlawful Entry, 112 U. Pa. L. Rev. 499 (1964).

6

See, e. g., Munoz v. United States, 325 F. 2d 23, 26 (C. A. 9th Cir. 1963); United States v. Sims, 231 F. Supp. 251, 254 (D. C. Md. 1964); cf. People v. Stephens, 249 Cal. App. 2d 113, 57 Cal. Rptr. 66 (1967). See also Ker v. California, 374 U. S., at 38.

7

We do not deal here with entries obtained by ruse, which have been viewed as involving no “breaking.” See, e. g., Smith v. United States, 357 F. 2d 486, 488 n. 1 (C. A. 5th Cir. 1966); Leahy v. United States, 272 F. 2d 487, 489 (C. A. 9th Cir. 1959). See also Wilgus, n. 5, supra, at 806.

8

Exceptions to any possible constitutional rule relating to announcement and entry have been recognized, see Ker v. California, supra, at 47 (opinion of BreNNAN, J.), and there is little reason why those limited exceptions might not also apply to § 3109, since they existed at common law, of which the statute is a codification. See generally Blakey, n. 5, supra.