Legal Opinion

People v. Wilkins

California Court of Appeal

Decided March 25, 1993No. C011793PublishedCited by 31 opinions

[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

  1. Payton v. New YorkSupreme Court of the United States · 1980
  2. United States v. MatlockSupreme Court of the United States · 1974
  3. Welsh v. WisconsinSupreme Court of the United States · 1984
  4. Harold B. Dorman v. United StatesCourt of Appeals for the D.C. Circuit · 1970
  5. People v. PriceCalifornia Supreme Court · 1991

30 more not listed; retrieve them via the Exa API.

3Cited by31 opinions

  1. People v. FryeCalifornia Supreme Court · 1998
  2. People v. FloodCalifornia Supreme Court · 1998
  3. People v. CoddingtonCalifornia Supreme Court · 2000
  4. People v. Manuel G.California Supreme Court · 1997
  5. People v. LopezCalifornia Court of Appeal · 2005

26 more not listed; retrieve them via the Exa API.

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