Street, S.E., 1319 V Street, N.W. and the motions to suppress evidence taken from the persons of defendants Robert H. Bowman, Bertha Berry, John T. Stoneburner, George J. Stoneburner and Oscar Patterson, as well also as Harry Yudelevit and Bertha Sellers, arrested at the Warder Street and 10th Street addresses respectively, will be denied. United States v. Bell, D.C.D.C.1955, 126 F.Supp. 612.
The motions to suppress evidence and return property as to premises 1410 Massachusetts Avenue, S.E. and 515 6th Street, S.E., and to suppress evidence seized from Edward H. Webster and Maude S. Bowman will be granted for the reasons stated by this Court in United States v. Johnson, D.C.D.C.1953, 113 F.Supp. 359, and United States v. Hall, D.C.D.C.1955, 126 F.Supp. 620.
As to defendants' motion to suppress evidence seized from premises 3569 Warder Street, defendants claim unlawful execution of the search warrant.
At the hearing before the Court the parties stipulated the Court might consider the testimony given before the United States Commissioner on a preliminary hearing held on June 23, 1955. The only other testimony before the Court was that of Officer B. M. Jefferson. Upon consideration of the testimony the Court finds that in serving the search warrant, three officers approached the premises from the front, two officers approached from the rear; the front door, which was unlocked, was entered without knocking. There is no evidence the officers broke open the front door or any window or any other part of the house, with the exception that Officer Stone, who testified before the Commissioner he went in the front door, stated 'Now, I believe the back door was forced.' Since the subject of this possible forcing of the back door was not pursued in the testimony and since the statement of Officer Stone as to his belief as to the forcing of the back door was not competent testimony, the Court is of opinion it is not in a position to find as a fact that there was forcing of the back door. Accordingly, there was no violation of Title 18, § 3109, U.S.C.A. which reads as follows:
' § 3109. Breaking doors or windows for entry or exit
'The officer may break open any outer or inner door or window of a house, or any part of a house, or anything therein, to execute a search warrant, if, after notice of his authority and purpose, he is refused admittance or when necessary to liberate himself or a person aiding him in the execution of the warrant. June 25, 1948, c. 645, 62 Stat. 820.'
Officers serving search warrants are quite as likely to be frustrated in their attempts to discover evidence of crime and to suppress crime as those who are called on to make arrests either after obtaining or without obtaining the usual warrants of arrest. So long as the entry is peaceful and there is no breaking of parts of the house, the execution of the search warrant is legal. Cf. Ellison v. United States, D.C.Cir., 1953, 206 F.2d 476; Martin v. United States, 4 Cir., 1950, 183 F.2d 436, certiorari denied 1950, 340 U.S. 904, 71 S. Ct. 280, 95 L. Ed. 654.
Defendants' motion to suppress evidence seized at premises 3569 Warder Street, N.W., will be denied.
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