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01-2554 U.S. v. McGee
By: dmc-admin//February 18, 2002//
Listen to this article“The district court found that McGee had left his apartment once the officers began knocking upon his front door. Rather than move towards the door (and avoid forcible entry), McGee exited the apartment and began to ascend the stairs of his building. The government contends that, in light of McGee’s unavailability to answer his door, any further wait by the entry team would have been a useless gesture. We agree.
“Given that McGee was in the process of ascending the stairs in his building, the entry team could have waited outside of his front door for ‘thirty seconds, or a minute, or two minutes’ to little or no avail. Espinoza, 256 F.3d at 727. Therefore, we agree with the district court’s finding that any further wait by the entry team would have been useless and that any precipitous entry by the government in this case was harmless.”
Affirmed.
Appeal from the United States District Court for the Central District of Illinois, Mihm, J., Flaum, J.
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