{"id":566,"date":"2007-01-14T21:06:23","date_gmt":"2006-11-15T06:42:21","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2006-11-15T06:42:21","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=566","title":{"rendered":"Nighttime search that occurred between 5:50 and 6:00 a.m. was de minimus violation of nighttime search rule"},"content":{"rendered":"<p>The SWAT team was ordered to enter at 5:50 a.m., and the entry occurred before 6:00 a.m.  &#8220;Thus, the execution must have occurred sometime after 5:50 a.m.&#8211;close enough to the 6:00 a.m. hour to make any deviation from the warrant <em>de minimis<\/em>. <em>See United States v. Twenty-Two Thousand, Two Hundred Eighty Seven Dollars,<\/em> 709 F.2d 442, 448-49 (6th Cir. 1983).&#8221; The court also notes that it was not nighttime since sunrise at that locality, according to the <a href=\"http:\/\/aa.usno.navy.mil\/data\/docs\/RS_OneDay.html\">United States Naval Observatory&#8217;s Sunrise Calculator<\/a>, was at 5:49 a.m. Rodriguez v. Beninato, 469 F.3d 1 (1st Cir. November 14, 2006).<\/p>\n<p>Ten seconds was a reasonable time between announcing and entry of a small motel room. State v. Johnson, 2006 NMSC 49, 146 P.3d 298 (October 17, 2006):<\/p>\n<blockquote><p>In the present case, the trial court found the following: (1) the size of the motel room was no larger than twelve feet by twelve feet; (2) the bed was within three or four feet of the door; (3) the officers knocked while announcing notice of presence, identification of authority, and statement of lawful purpose for at least ten seconds before using the battering ram; (4) Defendant must have been within twelve feet of the door at the time of the attempted entry; and (5) there was no response from inside the room during the entire time the officers were knocking and announcing. Based on these facts, the court found that there was constructive refusal to answer the door.<\/p><\/blockquote>\n<p><em>Note:<\/em> 29 cases received today, 26 were updated citations.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=566\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-566","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/566","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=566"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/566\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=566"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=566"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=566"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}