Can a police officer who enters a person's home without giving the proper notice of a potential trespassing violate privacy by entering into the residence without the proper physical barrier or physical barrier?

California, United States of America


The following excerpt is from People v. Webb, 111 Cal.Rptr. 524, 36 Cal.App.3d 460 (Cal. App. 1973):

People v. Peterson, 9 Cal.3d 717, 108 Cal.Rptr. 835, 511 P.2d 1187, is not heldful to respondent. In that case, the officers gave the necessary notice but committed a technical break-in by opening an unlatched screen door before the notice was given. Because the officers had full view of the occupants of the residence and the officers were immediately visible to those persons, there was neither violation of privacy of the individuals in their own residence nor danger of injury to the officers or to the occupants resulting from sudden confrontation.

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