U.S. v. Etchin

In prosecution on drug crimes, Dist. Ct. did not err in denying defendant's motion to suppress drugs seized from his apartment even though police committed 4th Amendment violation by entering said apartment without warrant in attempt to secure premises while other police applied for search warrant. Police at time of initial entry had probable cause to search defendant's apartment where: (1) confidential informant told them that he had recently purchased drugs from defendant at said address; (2) police had confirmed certain aspects of informant's tip including fact that defendant and girlfriend lived at said address; (3) information contained in application for search warrant was unrelated to observations of defendant's apartment that police had made at time of initial illegal entry; and (4) police delayed search until after search warrant had been obtained.