Thurgood Marshall

“ Petitioner was tried alone. The narcotics seized at petitioner's apartment were admitted into evidence, over objection. On appeal, following the conviction, the Court of Appeals for the Ninth Circuit ruled that the officers, in effecting entry to petitioner's apartment by opening the closed but unlocked door, did not 'break open' the door within the meaning of 18 U.S.C. § 3109 and therefore were not required by the statute to make a prior announcement of 'authority and purpose.' 380 F.2d 108. ”

“ The Government seeks to invoke an exception to the rule of announcement, contending that the agents' lack of compliance with the statute is excused because an announcement might have endangered the informant Jones or the officers themselves. ”

“ An unannounced intrusion into a dwelling-what § 3109 basically proscribes-is no less an unannounced intrusion whether officers break down a door, force open a chain lock on a partially open door, open a locked door by use of a passkey, or, as here, open a closed but unlocked door. ”