Roots

United States v. Roots

Good Law
52 F. App'x 12
United States Court of Appeals for the Ninth CircuitNovember 26, 2002No. 01-10544; D.C. No. CR-S-00-00168-MLSCalifornia801 words

Opinion

Lead Opinion

MEMORANDUM **

Marcello Delonzo Roots appeals from the district court’s denial of his motion to suppress crack cocaine found in his pants pocket during the search of his home pursuant to a warrant. He also appeals his sentence. The parties are familiar with the facts and we do not repeat them here. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

We review compliance with the knock and announce rule de novo, but review the district court’s factual findings for clear error. United States v. Granville, 222 F.3d 1214, 1217 (9th Cir.2000).

Roots argues that the police violated the knock and announce rule by removing his outer security door at the same time they began to knock and announce. Even if removing the security door violated the rule, it would not justify suppressing the evidence found in this case. “[Subsequent compliance with the ‘knock and [announce] statute ... purge[s] the evidence of any taint from the illegal entry’ ” if that compliance is “sufficiently distinguishable” from the illegal entry. United States v. Moreno, 758 F.2d 425, 427 (9th Cir.1985). Here, the officers waited after breaking down the security door before breaking down Roots’s front…

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