People v. Solario

Opinion

CLARK, J.

Following denial of his motion to suppress evidence (Pen. Code, § 1538.5, subd. (i)), defendant pleaded guilty to second degree burglary (Pen. Code, § 459). Seeking review of the search and seizure issue, he appeals from the judgment ■ of conviction (order granting probation) entered on his guilty plea. (Pen. Code, § 1538.5, subd. (m).)

We hold that a police officer, having probable cause to believe a residence is being burglarized, need not comply with the “knock and notice” requirements of Penal Code section 844 before entering to arrest the burglar. As we demonstrate below,…