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DE O. The Kansas Bureau of Investigation (KBI) received information that William Henry Myers was maintain- KBI agents dressed completely in black and wielding ing

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DE O. The Kansas Bureau of Investigation (KBI) received information that William Henry Myers was maintain- "KBI agents dressed completely in black and wielding ing an indoor marijuana growing operation. A check of automatic machine guns, knocked on Mr. Myers's front door and announced that they had a search warrant. The Myers's utility bills revealed he was using an excessive agents knocked loudly on the door, waited ten seconds amount of water and electricity, and there was various and then battered down the door and rolled a Deftec other evidence corroborating the informant's informa- Model 25 Distraction Device, also known as a 'flash-bang,' tion. Myers had prior convictions for burglary, theft, and into the living room. The device exploded, and the agents cocaine trafficking and as a juvenile had been involved in then stormed the house, finding Mr. Myers, his wife, nine- the firebombing of a jail or police vehicle and had been teen-year-old stepson, nine-year-old stepdaughter, and convicted of possession of an unregistered firearm and seventeen-month-old daughter." Myers claimed that the possession of a firebomb. The KBI on the basis of this police conducted an unreasonable search and seizure information obtained a warrant to search Myers's home. and that the more than one hundred marijuana plants The agents were concerned for their safety because were seized in violation of the Fourth Amendment and individuals involved in manufacturing and distributing should be suppressed. What is your view? See United narcotics often have firearms to protect themselves. The States v. Myers, 106 F.3d 936 (10th Cir. 1997). KBI received judicial authorization to conduct a "night search" to protect the officers because the house was You can learn what the court decided by referring to the Student Study Site, edge.sagepub.com/lippmancp4e. situated in an open area. At approximately 6:09 A.M

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