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United States v. Banks

United States Supreme Court
540 U.S. 31 (2003)


Facts

Law enforcement obtained a search warrant for Banks’s (defendant) apartment based on probable cause of the presence of cocaine. In executing the warrant, they announced their presence at the apartment, waited 15-20 seconds without a response, and then knocked down the door and entered. Banks moved to suppress evidence obtained in the search because he was in fact in the shower at the time of the execution of the warrant and had not heard the officers knock and announce their presence. The United States Supreme Court granted certiorari

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

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Issue

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Holding and Reasoning (Souter, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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