United States ex rel. Ametrane v. Gable

Decision Date03 October 1968
Docket NumberNo. 17049.,17049.
Citation401 F.2d 765
PartiesUNITED STATES of America ex rel. Joseph AMETRANE v. John I. GABLE, Warden, Delaware County Prison, Appellant.
CourtU.S. Court of Appeals — Third Circuit

Stephen J. McEwen, Jr., Dist. Atty., Delaware County, Media, Pa. (Ralph B. D'Iorio, Chief, Appeals Division, Vram S. Nedurian, Asst. Dist. Atty., William R. Toal, First Asst. Dist. Atty., Media, Pa., on the brief), for appellant.

Joseph A. Damico, Jr., Chadwick, Petrikin, Ginsburg & Wellman, Chester, Pa., for appellee.

Before BIGGS, FREEDMAN and VAN DUSEN, Circuit Judges.



This appeal challenges an October 17, 1967, opinion and order of the District Court granting a petition for a writ of habeas corpus, with provision for a new trial of the relator if such new trial is "seasonably" commenced. The relator had been found guilty by jury verdict of setting up a gambling establishment (18 P.S. § 4605), of aiding and assisting others to gamble (18 P.S. § 4612), and of bookmaking (18 P.S. § 4607). The judgment of conviction and sentence on such guilty verdicts had been affirmed by the state appellate courts. See Commonwealth v. Ametrane, 205 Pa.Super. 567, 210 A.2d 902 (1965), and 422 Pa. 83, 221 A.2d 296 (1966). The facts are set forth in the above-mentioned opinion of the District Court. See United States ex rel. Ametrane v. Gable, 276 F.Supp. 555 (E.D.Pa.1967).

The record makes clear that there was evidence to support the finding of the District Court that there was no announcement of the purpose of the police officers in seeking entry to the relator's house prior to insertion of a crowbar into his door, even though such officers had arrest and search warrants. Under such circumstances, the fact that relator voluntarily opened his door in order to prevent its damage by the crowbar was no effective waiver of the requirement that the police officers announce both their identity and purpose prior to forcible entry. See United States ex rel. Manduchi v. Tracy, 350 F.2d 658 (3rd Cir.), cert. den. 382 U.S. 943, 86 S.Ct. 390, 15 L.Ed.2d 353 (1965), and cases there cited. Subsequent to the filing of the appeal in this case, the Supreme Court of Pennsylvania has specifically approved the statement of the applicable constitutional principle under the Fourth Amendment to the United States Constitution, as set forth both in our opinion in Tracy, supra, and in the able District Court opinion of...

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27 cases
  • State v. Furry
    • United States
    • United States Court of Appeals (Ohio)
    • August 5, 1971
    ...but unlocked door. Sabbath v. United States (1968), 391 U.S. 585, at p. 590, 88 S.Ct. 1755, 20 L.Ed.2d 828; United States ex rel. Ametrane v. Gable, (C.C.A. 3, 1968), 401 F.2d 765; Blakey, The Rule of Announcement and Unlawful Entry: Miller v. United States and Ker v. Calif., 112 Pa.L.Rev. ......
  • US v. Gaines
    • United States
    • U.S. District Court — Eastern District of Pennsylvania
    • August 18, 1989
    ...cert. denied, 441 U.S. 965, 99 S.Ct. 2415, 60 L.Ed.2d 1071 (1979); U.S. v. Gable, 276 F.Supp. 555, 557 (E.D.Pa.1967), aff'd, 401 F.2d 765 (3d Cir.1968). See also U.S. v. Shaffer, 520 F.2d 1369, 1372 (3d The court admitted and accepted as true Snead's relevant preliminary hearing testimony r......
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    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • November 29, 1999
    ....... Docket No. 98-9544 . August Term 1999 . UNITED STATES COURT OF APPEALS . SECOND CIRCUIT . Argued: Nov. ......
  • U.S. v. Cantu
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • October 6, 2000
    ...force to attempts at forcible entry as it does to the actual breaking and entering of a person's home. See also United States v. Gable, 401 F.2d 765, 766 (3rd Cir. 1968) (holding that insertion of a crowbar into the door of a suspects house by officers before they announced their presence c......
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