DICKEY

v.

UNITED STATES

Citator

Cited By (11 total)

• United States v. Wysong, 528 F.2d 345 (9th Cir. 1976)
  …-Avendano. Our court has held that where there are exigent circumstances, a total non-compliance with § 3109 may be excused. See United States v. Cisneros, 448 F. 2d 298 (CA9 1971), and Dickey v. United States, 332 F. 2d 773 (CA9 1964), cert. denied 379 U.S. 948, 85 S.Ct. 444, 13 L.Ed.2d 545. The potential removal or destruction of evidence is an important factor to be considered in connection with the entry of the room. United States v. Curran, 498 F. 2d 30, 35 (CA9 1974); United States v. Bustamante-Gamez…
• Ponce v. Craven, 409 F.2d 621 (9th Cir. 1969)
  …d 435, 446, 308 P. 2d 821 (1957). The same rule has been applied in interpreting the analogous federal statute, 18 U.S.C. § 3109, without running afoul of the Fourth Amendment. Dickey v. United States, 332 F. 2d 773, 778 (9 Cir. 1964), cert. denied 379 U.S. 948, 85 S.Ct. 444, 13 L.Ed.2d 545 (1964); Leahy v. United States, 272 F. 2d 487, 489 (9 Cir. 1959), cert. dismissed 364 U.S. 945, 81 S.Ct. 465, 5 L.Ed.2d 459 (1961). The manner in which the police entered Ponce’s motel room and his subsequent arrest ar…
• United States v. Marson, 408 F.2d 644 (4th Cir. 1968)
  …ar-son’s father-in-law was peaceable and with no forcible breaking. It, therefore, [*647] involved no violation of section 3109. See United States v. Conti, 361 F. 2d 153 (2 Cir. 1966) ; Dickey v. United States, 332 F. 2d 773 (9 Cir.), cert. denied, 379 U.S. 948, 85 S.Ct. 444, 13 L.Ed.2d 545 (1964). The witnesses apparently were in agreement that the entry at the front door preceded the entry of other officers into the kitchen. It is thus unnecessary to consider the evidence, much of it conflicting in its d…