Page:Brief for the United States, Wong Sun v. United States, 371 U.S. 471 (1963).djvu/41

 there." This query, which went unanswered, is on its face inconsistent with knowledge. * * *

Here, there was no such query by Toy—he slammed the door and ran as soon as he knew he was confronted by a narcotic agent, without giving the. agent an attempt to explain his purpose.

This case is governed, not by Miller, but by the authorities referred to in Miller as the basis for a possible exception. The forcing of entry here was necessary and lawful. In People v. Maddox, 46 Cal. 2d 301, referred to in Miller (supra, p. 34), the court said (p. 306):

It was not until Toy's flight that the officer undertook to arrest Toy, and Toy's flight prevented the officer's advising him in specific words that he was to be