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e -Sraonene Maman i , vy (- q . Office Memo, anaum * UNITED 81..TES GOVERNMENT To : The Director DATE: Beptenber Ie. dey susject: LETTER TO MRS. ELEARCR ROOSEVELT qe - DATED SEPTEMBER 7, 1951 ; x ii IRPO | hy fo answer your. inguiry os to the authority, for the proviston of the Monual of SaatPuctions stating that ‘ Agents have authority to break down inner or outer doors oft dwelling tn making an arrest pursvant to a worrant. BACKCPOUND On the attached menorandum tn the atove rrtter, dated September 7, 1951, setting forth that Sectton fA 10 of the Manual of Inatructions states Agente have autiortty to break inner or outer doors in making on arrest pursrant to a warrant, you aaked, "What ovthority ta this provision predicated upon?” oe ; Ne ce eee peer PACT SB SOREN ES DETAILS Bo B. . Thia sectton of the Wonucl ta posed ee Lae 4 of the Court of Appecls, First Cirevit (Masscehusetts) 9° the case of United States veravsa Dean, on Moy 27, 1931, £& (50 Federal 2nd 905) which dectston has never been “ver- ruled and has been followed ty the courts tn other clrovits as recently o8 1951. ¢ This case tnvolved the right of officers to break down doore tn effecting an arrest prrauvant £9. a worrant. Although the lower court decision was reversed on other grounds, the right of the officers to breok dewn |] oors was upheld, ~ ; in commenting upon thie right of the offtoereé, the court stated, ". . « they may enter to arrest a person against whom ao warrant te out or who te rersonally suspected - of having committed o felony. . . « These principles have -- wee Ter wie re : reel tt oe on ant RECORREN 12° > —(65:73S- 4 4 ; - Br nEP Ly ey) . . SEP TT 5! . - - ee ) a -" * — > Soe a & a a ‘= be o> _ = « ‘ ree uss: 4 SARC UY PLT OP fer ecere, gee ae . es aoe ee ee eo yes ee ee a eee