William J. Brennan, Jr.

“ In law it is good or bad when it starts and does not change character from its success.' The most that can be said is that the petitioner's act in attempting to close the door might be the basis for the officers being virtually certain that the petitioner knew there were police at his door conducting an investigation. This, however, falls short of a virtual certainty that the petitioner knew of their purpose to arrest him. ”

“ Before an officer can break open a door to a home, he must make known the cause of his demand for entry. There is no claim in the case at bar that the officers advised the suspect of the cause of their demand before they broke down the door.' Accarino v. ”

“ Second, petitioner's reaction upon opening the door could only have created doubt in the officers' minds that he knew they were police intent on arresting him. On the motion to suppress, Agent Wilson testified that 'he wanted to know what we were doing there.' This query, which went unanswered, is on its face inconsistent with knowledge. ”

“ That section provides that an officer, executing a search warrant, may break open a door only if, 'after notice of his authority and purpose,' he is denied admittance. The Government states in its brief that, 'where an arrest is made on probable cause rather than a warrant, these statutory requirements must be met before an officer can force entry into an apartment.' These statutory requirements are substantially identical to those judicially developed by the Circuit Court of Appeals for the District of Columbia in Accarino v. ”

“ In the District of Columbia peace officers having probable cause to believe that a felony is being, or has been, committed are empowered to arrest without a warrant. Wrightson v. United States, 98 U.S.App.D.C. 377, 378, 236 F.2d 672 ”

“ Miller v. United States (357 U.S. 301)
Argued: Jan. 28, 1958. --- Decided: June 23, 1958
Petitioner, William Miller, together with Bessie Byrd and her brother, Arthur R. Shepherd, was tried and convicted in the District Court for the District of Columbia for conspiracy to commit violations, and violations, of the federal narcotics laws. 26 U.S.C. (Supp. V) § 4704 (a) , 26 U.S.C.A. § 4704 (a) ; 21 U.S.C. § 174, 21 U.S.C.A. § 174; 18 U.S.C. § 371, 18 U.S.C.A. § 371. The Court of Appeals for the District of Columbia Circuit affirmed, one judge dissenting, 100 U.S.App.D.C. 302, 244 F.2d 750. ”

“ Remarks attributed [7] to William Pitt, Earl of Chatham, on the occasion of debate in Parliament on the searches incident to the enforcement of an excise on cider, eloquently expressed the principle:
'The poorest man may in his cottage bid defiance to all the forces of the Crown. It may be frail; its roof may shake; the wind may blow through it; the storm may enter; the rain may enter ”