United States of America, Plaintiff-appellee, v. William Milton Despain, Defendant-appellant, 114 F.3d 1196 (9th Cir. 1997)

MEMORANDUM^** 

The warrant to search Despain's dwelling was assumed by the officers to require knock and wait. See 18 U.S.C. § 3109. They knocked, waited fifteen seconds and then entered. The trial judge denied Despain's motion to suppress, observing that he thought waiting fifteen seconds after the knock was insufficient in the normal case, but, in the circumstances of this case that indicated danger to the officers, they did not need to wait more than fifteen seconds before entering the dwelling. We agree with that ruling. We also agree with the district court's ruling denying Despain's discovery request, which was, as his counsel admitted, "a shot in the dark." In any event, the facts Despain wanted to discover plainly would not have improved his defense. We affirm the conviction.