To: [Your name] From: Supervising Attorney
Re: Commonwealth v. Clavel; execution of search warrant—unannounced entry
We represent Darren Clavel in the case of Commonwealth v. Clavel. In this case, police officers executed a search warrant that authorized the search of the client's home for drugs. When the police arrived at Mr. Clavel's house, they knocked on the door, shouted "Police, open up," waited 15 seconds, kicked the door open, and searched the premises. Mr. Clavel, who is hard of hearing, heard some noise and was approaching the door to open it when it was kicked open. Upon searching the house, the police found a pound of marijuana in the bedroom closet. Mr. Clavel was charged with intent to distribute narcotics.
Please prepare a memo assessing the likelihood of having the evidence suppressed because of the manner in which the officers executed the warrant.
Statutory Law: The Fourth Amendment to the United States Constitution (U.S. Const. Amend. IV).
Case Law: Commonwealth v. DeMichel, 442 Pa. 553, 277 A.2d 159 (1971) (see Appendix A).