United States v. Theodore Alexander Smith

Appellant was convicted of armed bank robbery, 18 U.S.C. §§ 2113 (a) and (d) (1964).

The lower court denied appellant’s motion to suppress statements he made to FBI agents following his arrest. He argues that the motion should have been granted for two reasons.

1. The federal officers broke into a hotel room and arrested appellant without first announcing their authority and purpose (see 18 U.S.C. § 3109 ), and appellant argues that his subsequent statements were tainted by the illegal entry. Testimony at the trial established, however, that the occupants of the hotel room were likely “armed or of a violent nature.” Prior announcement was therefore excused, for “to require it would create palpable peril to the life or limb of the arresting officers.” Gilbert v. United States, 366 F.2d 923, 932 (9th Cir. 1966). Cf. Sabbath v. United States, 391 U.S. 585 , 591 & n. 8, 88 S.Ct. 1755 , 20 L.Ed.2d 828 (1968); Ker v. California, 374 U.S. 23, 39-40 , 83 S.Ct. 1623 , 10 L.Ed.2d 726 (1963) (opinion of Clark, J.); id. at 47 , 83 S.Ct. 1623 (opinion of Brennan, J.).

Appellant appreciates the obstacle presented by Gilbert and asks us to overrule it. We would not do so if we could.

2. The…