No-knock warrant is justified on showing of reasonable suspicion that knocking and announcing presence would be dangerous or futile

SEARCH & SEIZURE United States v. Esser, No. 05-3277, ___ F.3d ___ (10th Cir. Jun. 21, 2006)(Kansas). Appeal of convictions for being felon in possession of firearm in violation of 18 U.S.C. § 922(g)(1) and possession of a non-registered short barrel rifle in violation of 26 U.S.C. § 5861(d). HELD: District court did not err in denying defendant’s motion to suppress firearms evidence seized from his home during execution of no-knock search warrant. Because police provided judge with information indicating defendant had appeared violently angry forty-eight hours earlier, possessed automatic weapons, and harbored a pit bull deemed a vicious animal, they demonstrated reasonable suspicion to believe knocking and announcing their presence would be dangerous or futile. Accordingly, no-knock search warrant was justified. Read the opinion here.