Legal Opinion
People v. Howard
California Court of Appeal
Decided September 27, 1993No. C012644PublishedCited by 5 opinions
1Opinion of the Court
Opinion
PUGLIA, P. J.
The People appeal from an order of the superior court denying their motion to reinstate a criminal complaint against defendants Raymond Howard and Tina Rose. (Pen. Code, §§ 871.5, 1238, subd. (a)(9).) The principal question on appeal is whether an officer who has complied with Penal Code section 1531 (§ 1531) before entering a house to execute a search warrant must again observe the requirements of that section before entering an inner room through a closed door. We shall hold that compliance with section 1531 before entering the house is sufficient and once inside, the…
2Cases cited18 opinions
- Miller v. United StatesSupreme Court of the United States · 1958
- United States v. Francisco Bustamante-Gamez, United States of America v. Abelardo Garcia-RamirezCourt of Appeals for the Ninth Circuit · 1973
- United States v. Gary Anthony PatrickCourt of Appeals for the D.C. Circuit · 1992
- United States v. Patrick C. Remigio, A/K/A Joe CuervoCourt of Appeals for the Tenth Circuit · 1985
- United States v. Jelili Olaose GiwaCourt of Appeals for the Fifth Circuit · 1987
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3Cited by5 opinions
- State v. BalberdiHawaii Intermediate Court of Appeals · 1999
- People v. FrederickCalifornia Court of Appeal · 2006
- People v. MaysCalifornia Court of Appeal · 1998
- People v. AguilarCalifornia Court of Appeal · 1996
- People v. MaysCalifornia Court of Appeal · 1998