The opinion of the court was delivered by: PENN
JOHN GARRETT PENN, UNITED STATES DISTRICT JUDGE.
The defendant is charged in an indictment filed on October 10, 1989, with conspiracy to distribute and possess with intent to distribute Phencyclidine (PCP), 21 U.S.C. § 846, unlawful possession with intent to distribute PCP, 21 U.S.C. § 841(a) and (b)(1)(C), and unlawful use of a firearm in aid of drug trafficking, 18 U.S.C. § 924(c)(1).
The case is now before the Court on the defendant's Motion to Suppress Evidence and Motion to Suppress Statements and Evidence. A motions hearing was held on December 14 and 21, 1989, and the Court thereafter took the motions under advisement. After giving careful consideration to the motions and the opposition thereto, together with the record in this case, the Court concludes that the motion to suppress evidence should be granted and that in view of that ruling, it is unnecessary to consider the motion to suppress statements and evidence.
The underlying facts may be briefly stated. On or about November 1, 1988, at approximately 3:00 p.m., the officers executed a search warrant at 5036 E Street, Southeast, in the District of Columbia. The officers were dressed in jumpsuits or windbreakers with police markings on them. As they approached the house they observed a very young boy near the front door which was open. The officers were armed, some having drawn shotguns and guns. The young boy began to scream and ran into the house and the officers ran behind him. The officers began shouting "Police with search warrant" or "Police with warrant" as they approached the open door and ran into the house. They did not knock and they did not stop and wait for a response before entering the house.
The officers entered the house, conducted a search, recovered PCP and the weapons, arrested the defendant and Ms. Rogers, and later transported the defendant to the police station.
The defendant moves to suppress the evidence on the grounds that the officers failed to comply with the requirements of the "knock and announce" statute, 18 U.S.C. § 3109. That statute provides:
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.
As is clear from the facts set forth in Part I, supra, when the officers arrived to execute the search warrant, they saw the little boy who started screaming and running toward the door. While the officers shouted that they were police officers and had a warrant, they never stopped running until they were in the house. One officer testified as follows in response to questions asked by defense counsel:
Question: Now you stated that the door was open when the police approached; isn't that correct?
Question: And Sergeant Kass or Officer Kass knocked and announced the presence of the ...