DECESARE ET AL.

v.

UNITED STATES

Citator

Cited By

• State v. Robinson, 565 So. 2d 730 (Fla. 2d DCA 1990)
  …imilar statutes, delays of a few seconds have been permitted. State v. Ruminer, 786 F. 2d 381 (10th Cir.1986) (five to ten seconds); United States v. Augello, 368 F. 2d 692 (3d Cir.1966), vacated on other grounds sub nom., DeCesare v. United States, 390 U.S. 200, 88 S.Ct. 900, 19 L.Ed.2d 1036 (1968) (four to five seconds); McClure v. United States, 332 F. 2d 19 (9th Cir.1964) (four to five seconds). In light of the disappearance of the man at the screen door, it seems clear that these deputies would have ne…
• United States v. Bustamante-Gamez, 488 F.2d 4 (9th Cir. 1973)
  …statute provides that the “breaking” of doors is to occur only after announcement and refusal of admittance. See, e.g., United States v. Augello, 3 Cir., 1966, 368 F. 2d 1036. If read absolutely, this require-692, 694, vacated on other grounds 1967, 390 U.S. 200, 88 S.Ct. 900, 19 L.Ed.2d ment would invalidate the entry despite the fact that a proper announcement was made. By and large, both the cases and the literature have concentrated [*11] solely upon the “announcement” portion of section 3109; little a…
• United States v. Lucia, 416 F.2d 920 (5th Cir. 1969)
  …8, 390 F. 2d 616; United States v. Lookretis, 7 Cir. 1968, 398 F. 2d 64. See also Butler v. United States, 5 Cir. 1966, 361 F. 2d 220; vacated and remanded for further consideration in light of Marchetti and Grosso, De Cesare v. United States, 1968, 390 U.S. 200, 88 S.Ct. 900, 19 L.Ed.2d 1036. Although these cases were all direct appeals from judgments which had not become final, the rationale on which they rest is applicable to the case before the Court. We conclude that Lucia’s failure to raise the self-…