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November 30, 2009

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Drug conviction overturned

Wednesday, March 6, 2002 | 10:29 a.m.

SUN CAPITAL BUREAU

CARSON CITY -- In a 2-1 decision, the 9th U.S. Circuit Court of Appeals overturned the drug conviction of a North Las Vegas man because authorities barged into his home too quickly after knocking.

Lashawn L. Banks had pleaded guilty to possession of a controlled substance with intent to distribute and to being a drug user in possession of a firearm. But he retained the right to challenge the entry of police and the FBI into his home.

Armed with a search warrant, police and the FBI knocked on the door of his home and announced they had a "police search warrant." When nobody answered in 15 to 20 seconds, armed SWAT officers forced their way into the apartment. Banks was just coming out of the shower.

The court said in this incident the delay of 15-20 seconds after a single knock and announcement was not enough to satisfy constitutional safeguards.

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