People v. Morgan

Opinion

CROSBY, J.

—John Allen Morgan pleaded guilty to possession of cocaine for sale after his motion to suppress evidence was denied. Claiming an unannounced police entry into his home was unlawful, he appeals. We agree and reverse.

I

At 2 a.m. on November 20, 1985, a neighbor telephoned police to report loud noises and shattering glass at Morgan’s San Clemente home. Officer Lervold and Sergeant Falk received the dispatch and arrived at the residence, á house with attached garage, within minutes. The property was *819surrounded by a six-foot fence with a locked gate. They heard, but could not see,…