Sabbath v. United States

The government had no basis for assuming the defendant was armed or might resist arrest, or that the cooperating carrier was in any danger. The officers made no independent investigation of the defendant prior to setting the stage for his arrest with narcotics in his possession. Therefore, the officers had to comply with § 3109 (requiring the announcement of presence and notice of authority or purpose before the agents may break down any door). The Court identified the opening of a closed but unlocked door, lifting a latch, turning a door knob, unhooking a chain, pushing open a hasp, or pushing open a closed door of entrance to a house, even a closed screen door, as a “breaking” with respect to § 3109.