IN THE CIRCUIT COURT
FOURTH JUDICIAL CIRCUIT
ALLEGHENY COUNTY, PENNSYLVANIA
COMMONWEALTH OF PENNSYLVANIA, )
vs. ) No. 2013-CF-515
DARREN CLAVEL, )
DEFENDANT’S MEMORANDUM IN SUPPORT OF MOTION TO SUPPRESS EVIDENCE UNANNOUNCED ENTRY INTO RESIDENCE
COMES NOW Defendant, Darren Clavel, by and through the undersigned attorneys, and for his Memorandum in Support of Motion to Suppress Evidence Unannounced Entry into Residence, states as follows:
Whether the police officers’ execution of the search warrant violated Mr. Clavel’s Fourth Amendment rights?
STATEMENT OF FACTS
Police officers executed a search warrant that authorized the search of Mr. Clavel’s home for drugs. Upon arrival to his home, the officers knocked on the door, shouted “police, open up,” waited 15 seconds, kicked the door open, and proceeded to search the premises. Mr. Clavel, who is hard of hearing, was approaching the door to open it when it was kicked in. During their search, the police found a pound of marijuana in the bedroom closet. Mr. Clavel was charged with intent to distribute narcotics.
The Defendant’s Motion to Suppress should be granted because the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly the place to be searched, and the persons or things to be seized. U.S. Const. amend. IV. The Rules of Criminal Procedure provide that an officer shall await a response for a reasonable period of time after his announcement of identity, authority, and purpose, unless exigent circumstances require his immediate forcible entry. Rules Crim.Proc., Rule 207, 42 Pa.C.S.A.
Without exigent circumstances, a delay of five to ten seconds is not a reasonable time...