miller argued january decided june district columbia officers without warrant knocked door petitioner apartment upon inquiry replied low voice police petitioner opened door quickly tried close whereupon officers broke door entered arrested petitioner seized marked bills later admitted evidence petitioner objection trial convicted violations narcotics laws held petitioner lawfully arrested home officers breaking without first giving notice authority purpose arrest unlawful evidence seized inadmissible conviction reversed pp validity arrest without warrant violation federal law local peace officers determined reference local law pp district columbia law peace officers otherwise authorized break door home make arrest may denied admittance notice authority purpose pp since express announcement made since evidence case sufficient prove petitioner knew purpose arresting officers arrest unlawful pp de long harris argued cause filed brief petitioner leonard sand argued cause brief solicitor general rankin acting assistant attorney general mclean beatrice rosenberg justice brennan delivered opinion petitioner william miller together bessie byrd brother arthur shepherd tried convicted district district columbia conspiracy commit violations violations federal narcotics laws supp appeals district columbia circuit affirmed one judge dissenting app granted certiorari determine whether evidence seized time petitioner arrest properly admitted petitioner evidence marked currency seized federal officers arrested petitioner bessie byrd apartment march clifford reed arrested arrest warrant washington street suspicion narcotics offenses reed revealed wilson federal narcotics agent purchased heroin quantities petitioner shepherd agent wilson knew petitioner one trafficked narcotics convicted narcotics offense reed said meet shepherd later morning make purchase agent wilson enlisted aid apprehend shepherd petitioner another federal narcotics agent lewis carrying marked currency went reed taxicab shepherd home reed introduced lewis shepherd buyer shepherd accepted agreed secure capsules heroin petitioner deliver lewis reed apartment shepherd proceeded alone taxicab petitioner apartment taxicab followed agent wilson officer wurms metropolitan police department officers police cars shepherd seen leave taxicab front apartment house petitioner bessie byrd occupied basement apartment taxicab waited shepherd entered basement agent wilson looked basement hall see went shepherd came basement within minutes taxicab taxicab proceeding toward reed apartment officers following police cars intercepted shepherd arrested searched marked bills person admitted agent wilson officer wurms package capsules narcotics found taxicab front seat put police cars stopped taxicab said taken package behind fire extinguisher basement hall sent fellow reed promised getting federal officers returned immediately apartment building agent wilson officer wurms went door petitioner apartment officer wurms knocked upon inquiry within replied low voice police petitioner opened door attached door chain asked officers either responded attempted close door thereupon according officer wurms put hands inside door pulled ripped chain entered officers arrest search warrant expressly demand admission state purpose presence place petitioner arrest entered apartment bessie byrd also arrested apartment turned cash housecoat cash included marked currency extended search remaining marked currency found hatbox closet rest within covers bed bedroom government contends probable cause arresting petitioner marked currency properly admitted evidence seized incident lawful arrest harris petitioner argument breaks three contentions officers probable cause arrest petitioner without warrant search justified incident lawful arrest arrest therefore search event unlawful officers broke door petitioner home without first giving notice authority purpose demanding admission one contentions prevails agreed marked money inadmissible evidence view take need consider petitioner third contention lawfulness arrest petitioner depends upon power arresting officers break doors home order arrest without warrant persons suspected committed narcotics offenses agent wilson statutory authority arrest without warrant although officer wurms member metropolitan police department authority said similar circumstance arrest violation federal law state peace officers lawfulness arrest without warrant determined reference state law di johnson like reasoning validity arrest petitioner determined reference law district columbia making reference law mindful policy interfering local rules law fashioned courts district columbia fisher griffin government agrees petitioner validity entry execute arrest without warrant must tested criteria identical embodied deals entry execute search warrant section provides officer executing search warrant may break open door notice authority purpose denied admittance government brief arrest made probable cause rather warrant statutory requirements must met officer force entry apartment statutory requirements substantially identical judicially developed appeals district columbia circuit accarino app since rule accarino bears close relationship statute confined operation district columbia believe review warranted cf del vecchio bowers carroll earliest days common law drastically limited authority law officers break door house effect arrest action invades precious interest privacy summed ancient adage man house castle early edward iv folio recorded holding unlawful sheriff break doors man house arrest civil suit debt trespass arrest private interest party remarks attributed william pitt earl chatham occasion debate parliament searches incident enforcement excise cider eloquently expressed principle poorest man may cottage bid defiance forces crown may frail roof may shake wind may blow storm may enter rain may enter king england enter force dares cross threshold ruined tenement whatever circumstances breaking door arrest felony might lawful however breaking unlawful officer failed first state authority purpose demanding admission requirement pronounced semayne case eng repr cases king party sheriff doors open may break party house either arrest execution ing process otherwise enter breaks signify cause coming make request open doors emphasis supplied requirement stated semayne case still obtains reflected statutes large number american law institute proposed code criminal procedure applies government concedes whether arrest made virtue warrant officers authorized make arrest felony without warrant state decisions holding justification noncompliance exists exigent circumstances example officers may good faith believe someone within peril bodily harm read case person arrested fleeing attempting destroy evidence people maddox cal whether unqualified requirements rule admit exception justifying noncompliance exigent circumstances question called upon decide case government makes claim existence circumstances excusing compliance government concedes compliance required argues compliance evident events immediately preceding officers forced entry rule seems require notice form express announcement officers purpose demanding admission burden making express announcement certainly slight words officers satisfied requirement case may without express announcement purpose facts known officers justify virtually certain petitioner already knows purpose announcement useless gesture cf people martin cal wilgus arrest without warrant rev even test evidence upon government relies sufficient justify officers failure expressly notify petitioner demanded admission apartment purpose arresting single fact known officers upon government relies occurrence petitioner evinced instantaneous resistance entry almost instinctive attempt bar entry officers identified police argued occurrence certainly points knew purpose immediately realized detected officers arrest wholly unrealistic say officers made purpose known formally announce arrest first fact petitioner attempted close door prove knew purpose arrest ambiguous act merely expected reaction citizen experience hour morning particularly since appear officers uniform cf accarino supra app answer police spoken low voice might heard petitioner far officers tell second petitioner reaction upon opening door created doubt officers minds knew police intent arresting motion suppress agent wilson testified wanted know query went unanswered face inconsistent knowledge majority appeals denied import query inferring miller knew wilson wurms personally recognized soon opened door inference support record even inference supportable miller recognition wilson wurms police officers justified light facts known virtually certain miller actually knew reason presence officers knew petitioner unaware shepherd arrest knew unaware currency marked knew unaware presence pursuant plan initiated reed disclosures catch petitioner criminal act moreover actually know petitioner made sale shepherd received marked money shepherd talked seen enter petitioner apartment fact marked money found apartment bearing upon petitioner knowledge officers purpose since know money marked said di supra frequent occasion point search made legal turns law good bad starts change character success said petitioner act attempting close door might basis officers virtually certain petitioner knew police door conducting investigation however falls short virtual certainty petitioner knew purpose arrest requirement met except notice purpose government admits officers authority break petitioner door except arrest must therefore conclude petitioner receive required notice authority purpose duly mindful reliance society must place achieving law order upon enforcing agencies criminal law insistence observance law officers traditional fair procedural requirements long point view best calculated contribute end however much particular case insistence upon rules may appear technicality inures benefit guilty person history criminal law proves tolerance shortcut methods law enforcement impairs enduring effectiveness requirement prior notice authority purpose forcing entry home deeply rooted heritage given grudging application congress codifying tradition embedded law declared reverence law individual right privacy house every householder good bad guilty innocent entitled protection designed secure common interest unlawful invasion house petitioner lawfully arrested home officers breaking without first giving notice authority purpose petitioner receive notice officers broke door invade home arrest unlawful evidence seized suppressed reversed footnotes officer wurms testified witness agent wilson front door apartment columbia road knocked front door said somebody asked said blue petitioner nickname low voice said police repeated two three times manner door opened chain door blue miller saw agent wilson know else saw tried close door time put hands inside door pulled ripped chain entered trial hearing motion suppress agent wilson testified said want says police arrest want says going let us something like officer wurms took ahold door pulled open apparently government satisfied agent wilson mistaken saying mention purpose arrest testimony motion suppress well testimony officer wurms motion trial contrary government brief refers testimony merely footnotes brief accepts petitioner premise case decided upon basis evidence shows officers formally announce purpose appeals decided case basis wilson make statement app narcotics agents subsequently given authority added july make arrest agents reasonable grounds believe person arrested committed narcotics offense district columbia peace officers probable cause believe felony committed empowered arrest without warrant wrightson app officer may break open outer inner door window house part house anything therein execute search warrant notice authority purpose refused admittance necessary liberate person aiding execution warrant petitioner raise question application code see also judge prettyman opinion appeals accarino app discusses comprehensively development law see also exhaustive article wilgus arrest without warrant rev oxford dictionary quotations ed hansard parliamentary history england vol column proceedings commons cider tax march find pitt spoke measure particularly dangerous precedent admitting officers excise private houses every man house castle said code tit rev stat deering cal penal code fla idaho code burns ann ind replacement iowa code gen rev dart la crim code art stat minn miss code mo rev mont rev codes neb rev rev crim code gen page ohio rev code stat tit comp laws code code code utah code remington rev wyo comp code crim american law institute official draft right officer break building officer order make arrest either virtue warrant authorized make arrest felony without warrant provided section may break open door window building person arrested reasonably believed refused admittance announced authority purpose professor wilgus sums discussion breaking doors thus doors broken must necessity notice authority purpose make arrest must given demand refusal admission must made unless already understood peril increased rev footnotes omitted dissenting opinion herein mistakenly refers passage holding enunciated appeals fact passage merely quoted without approval holding upon one topic appears dispute authorities officer break open door home must make known cause demand entry claim case bar officers advised suspect cause demand broke door accarino app judge holtzoff heard motion suppress two months trial examination record made time brings us complete agreement judge edgerton dissenting appeals said find evidence cites evidence supports inference miller even recognized officers narcotics squad app even petitioner seen officers sufficiently make faces evidence knew personally record best supports inference either officer personally knew miller miller met even heard either officer officers knew reputed narcotics violator judge youngdahl presided trial refused hear renewed motion suppress considered matter settled judge holtzoff ruling agent wilson testimony trial variance testimony judge holtzoff question whether officers communicated purpose arrest trial testified miller met one occasion night arrest apparently unwilling rely testimony face inconsistency majority appeals allude basis conclusion miller recognized officers compliance also safeguard police might mistaken prowlers shot fearful householder see concurring opinion mcdonald justice clark justice burton concurs dissenting agree requirement prior notice authority purpose given grudging application token reduced absurdity majority appeals concluded petitioner time police entered apartment already fully understood officers sought arrest app entry therefore held valid district columbia law superimposes upon local rule district artificial unrealistic requirement even circumstances found police must make express announcement unmistakable words police come make arrest attempts justify interference local law terms concession government validity entry must tested federal statute relating forcible entry execute search warrant fact government seeks clarification general federal statute possibly serve purposes prosecutions elsewhere reason us oblige especially result subvert existing local law process reverses conviction wholesale narcotics violator previous record traffic carries abominable trade using juvenile dope peddler facts appeals found entry valid officers trailed shepherd proceeded taxicab purchase heroin lewis narcotics agent shepherd went apartment occupied sister byrd petitioner officers saw enter apartment building agent wilson followed basement entrance saw disappear lighted hall long jury box entrance two doors hall one leading petitioner apartment furnace room one lived basement except petitioner byrd wilson withdrew location across street saw light go furnace room remain shortly go shepherd soon emerged taxicab drove away officers followed arrested shepherd seized capsules heroin found taxicab opinion appeals graphically described subsequent events arrest shepherd officers found capsules heroin immediately went back apartment occupied byrd miller minutes later knocked door announced identity thereupon miller known officers narcotics violator opened door part way recognized officers narcotics squad attempted close door pulled door officers resisted effort close chain bolt broke officers arrested miller mrs byrd app pretrial hearing petitioner moved suppress marked currency alleging officers neither warrant probable cause arrest motion denied trial jury different judge motion renewed denying motion judge said give right make another motion certainly right end testimony petitioner never availed opportunity appeal petitioner shifted ground emphasizing even officers probable cause arrest authority improperly exercised formally announce purpose entry appeals held background facts noted law summarized find officers miller door knowing felony committed probable cause believe continuing statute spelled clear duty arrest app majority however brushes aside conclusions explaining petitioner action slamming door expected reaction citizen something entirely foreign concept respect citizenry pays officers accept conclusion circumstances found appeals fall short virtual certainty petitioner knew officers purpose arrest knowledge absence express admission never virtual certainty rather attempting petitioner measure understanding outward acts appeals found indisputably established petitioner awareness police purpose disturb finding majority deal exigent circumstances case government makes claim thus excusing compliance statute noted however appeals expressly based opinion fact officers confronted need decision arising necessitous circumstances situation position government excuse us evaluating circumstances whole case believe appeals eminently correct conclusion necessitous circumstances warranted officers entering apartment pointed petitioner might fled hidden destroyed fruits crime particularly view background visit shepherd moments certainly soon learned shepherd arrest moreover attempt forcibly prevent entry officers apartment required immediate action delay might well precluded arrest destruction marked money might prevented establishment petitioner guilt government points action necessary affirm judgment basis district columbia rule accarino supra believe honor rule district appeals found compliance enunciated accarino app opinion judge prettyman rehearing en banc instant case denied without dissent author accarino participating discussing local rule judge prettyman accarino quoted approval wilgus arrest without warrant rev doors broken must necessity notice authority purpose make arrest must given demand refusal admission must made unless already understood peril increased emphasis added app appeals instant case recognized language embodiment local rule app finding petitioner already fully understood officers sought arrest app applied rule affirming conviction concludes rule judicially developed district substantially identical concerns entry execute search warrant important note however certain language set italics peculiar local judicially developed rule latter respected interpretation today government brief agrees validity entry tested standard joins position contention nder circumstances police entry complied teaching accepted accarino app see note supra know miller previous knowledge seen furthermore petitioner affidavit supporting motion suppress swore officers wilson pappas four others break chain door wilson physically assaulted apartment see fisher said policy interfere local rules law district columbia courts fashion save exceptional situations egregious error committed griffin determined federal rule issue case added even rule necessarily control district columbia decisions congress enactment statutes often recognized appropriateness one rule district another jurisdictions far subject federal law noted special function appeals decide questions local law exceptional cases review determination question appeals district