Zermeno

The government appeals the district court’s order granting the motions of defendants-appellees Felipe Zermeno, Ramon Flores-Rivas and Guillermo Silva-Sosa (collectively “defendants”) to suppress evidence found pursuant to a search of a “stash house.” The government claims the district court erred in ruling that Zermeno and Silva-Sosa have standing to challenge the search, that the search warrant was over-broad, and that the agents executing the warrant failed to comply with the “knock and announce” requirement of 18 U.S.C. § 3109 .

We have jurisdiction under 28 U.S.C. § 1291 . We conclude that Zermeno and Silva-Sosa do not have standing to challenge the search under either section 3109 or the Fourth Amendment, and we reverse the district court’s suppression order as to them.

The government does not challenge Flores-Rivas’s standing. We conclude the manner in which the searching agents entered the “stash house” where Flores-Rivas was residing violated the statutory “knock and announce” requirement of section 3109. We thus affirm the district court’s suppression order as to Flores-Rivas. We do not reach the issue of the search warrant’s alleged overbreadth.

I

On July 20, 1994,…