Tamborino v. Superior Court

Opinion

LUCAS, J.

In this case, evidence of a narcotics violation was discovered and seized by a police officer while he was walking through defendants’ apartment investigating a robbery report. Defendants unsuccessfully moved to suppress the evidence on the ground that it was seized during an unreasonable, warrantless search of the apartment. As will appear, we hold that the limited “walk-through” search was conducted under exigent circumstances excusing the officer from first obtaining a search warrant.

Defendants Tamborino and Smith are charged with possessing cocaine for the purpose of sale…