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United States v. Vargas

United States Court of Appeals, Ninth Circuit
Jan 5, 1971
436 F.2d 1280 (9th Cir. 1971)

Opinion

No. 24938.

January 5, 1971.

Richard C. Turrone (argued), San Jose, Cal., for appellant.

Robert P. Scheinblum (argued), Asst. U.S. Atty., Robert L. Meyer, U.S. Atty., David R. Nissen, Chief, Crim. Div., Los Angeles, Cal., for plaintiff and appellee.

Before CHAMBERS and MERRILL, Circuit Judges, and CONTI, District Judge.


The judgment of conviction in their heroin case is affirmed.

The one serious point is the significance of 18 U.S.C. § 3109 on the facts here. Federal agents entered the apartment of Vargas through an open door, announcing an arrest of an associate (who later pleaded guilty). After entry a search followed the arrest, which uncovered heroin.

In our view, the thrust of Section 3109 (a request to permit entry) is aimed at the closed or locked door. Here we think the advance announcement of the officers' identity and statement of purpose was sufficient. A significant factor here was the immediate presence of Vargas and his friend (about to be arrested) right inside the door. It was not a case of officers sneaking in and going prowling.


Summaries of

United States v. Vargas

United States Court of Appeals, Ninth Circuit
Jan 5, 1971
436 F.2d 1280 (9th Cir. 1971)
Case details for

United States v. Vargas

Case Details

Full title:UNITED STATES of America, Plaintiff and Appellee, v. Jose VARGAS, Appellant

Court:United States Court of Appeals, Ninth Circuit

Date published: Jan 5, 1971

Citations

436 F.2d 1280 (9th Cir. 1971)

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