People v. Wilkins
California Court of Appeal
[Opinion certified for partial publication.*]
1Opinion of the Court
Opinion
PUGLIA, P. J.
In this prosecution for obstructing and resisting a peace officer in the performance of his duty, we shall hold that the existence or not of exigent circumstances, upon which the People relied to justify the entry of peace officers into defendant’s home to arrest him without a warrant, is an issue for the jury invoking the trial court’s duty sua sponte to instruct thereon.
Defendant was convicted of willful infliction of corporal injury on a spouse (Pen. Code, § 273.5), taking a peace officer’s weapon (baton) while obstructing him in the performance of his duties (Pen.…
2Cases cited35 opinions
- Payton v. New YorkSupreme Court of the United States · 1980
- United States v. MatlockSupreme Court of the United States · 1974
- Welsh v. WisconsinSupreme Court of the United States · 1984
- Harold B. Dorman v. United StatesCourt of Appeals for the D.C. Circuit · 1970
- People v. PriceCalifornia Supreme Court · 1991
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3Cited by31 opinions
- People v. FryeCalifornia Supreme Court · 1998
- People v. FloodCalifornia Supreme Court · 1998
- People v. CoddingtonCalifornia Supreme Court · 2000
- People v. Manuel G.California Supreme Court · 1997
- People v. LopezCalifornia Court of Appeal · 2005
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