The Fourth Circuit decided an interesting case yesterday. The case is United States v. Young, and the interesting part isn't just the defendant's nickname, "DJ Nelly Nell." The relevant facts are as follows. The defendant was indicted on "various drug and weapons charges," and a warrant for his arrest was issued. Officers staked out his house, and watched as one of the defendant's associates knocked on the door and was quickly admitted. The associate left shortly thereafter, and the police "repeatedly" knocked "loudly" on the defendant's door and identified themselves as police. They received no answer, and after 20 seconds, let themselves in using a key supplied by the defendant's landlord. The defendant was near the door. The officers arrested him, and in the course of the arrest, saw cocaine in the defendant's home. The government brought additional charges based on that cocaine, and the defendant moved to suppress. He argued that "that the agents did not properly knock and announce their presence before entering his townhouse to execute the arrest warrant." The district court disagreed, and after he was convicted, the defendant appealed. The Fourth Circuit affirmed. It acknowledged that the Fourth Amendment imposes a "requirement that police knock, announce their presence, and wait a reasonable time before entering a house to execute a search or arrest warrant." However, it noted that police may forcibly enter after they have been refused admittance, and that refusal may be implied -- for example, by an occupant's decision not to answer the door. [...]
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