Nature of the Case
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Facts
Police obtained a warrant to search for drugs and firearms at the home of D. They discovered both. Large quantities of drugs were found, including cocaine rocks in D's pocket. A loaded gun was lodged between the cushion and armrest of the chair in which he was sitting. D was charged with unlawful drug and firearm possession. The police announced their presence but waited only a short time--perhaps 'three to five seconds,' before turning the knob of the unlocked front door and entering D's home. D moved to suppress all the inculpatory evidence, arguing that the premature entry violated his Fourth Amendment rights. The trial court granted his motion. On interlocutory review, the Michigan Court of Appeals reversed: suppression is inappropriate when entry is made pursuant to warrant but without proper ' 'knock and announce.' ' D was convicted of drug possession. He renewed his Fourth Amendment claim on appeal, but the Court of Appeals rejected it and affirmed the conviction. The Michigan Supreme Court declined review.
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