People v. Duncan

Opinion

MOSK, J.

Does the odor of ether and other evidence that an unlawful drug laboratory is in operation constitute exigent circumstances sufficient to justify the warrantless entry and search of a dwelling. As will appear, we conclude that such a determination must be made on a case-by-case basis and that in the case at bar the entry and search were justified.

On April 7, 1981, at approximately 12:30 p.m., Officer Steven Paulson responded to a radio call that a burglary was in progress or had just occurred. He arrived promptly at the scene and spoke to a neighbor; testimony conflicted as to…