Does a police officer who entered a Defendant's home without a warrant violate section 844 of the California Criminal Code when he entered without a search warrant?

California, United States of America

The following excerpt is from People v. Jacobs, 233 Cal.Rptr. 323, 43 Cal.3d 472, 729 P.2d 757 (Cal. 1987):

Defendant asserts the entry violated section 844 because he was not inside the house when the police entered and the police lacked reasonable grounds for believing him to be there. Section 844 provides: "To make an arrest, a private person, if the offense be a felony, and in all cases a peace officer, may break open the door or window of the house in which the person to be arrested is, or in which they have reasonable grounds for believing him to be, after having demanded admittance and explained the purpose for which admittance is desired." (Italics added.) These requirements apply when the arrest is to be made by virtue of a warrant and when officers are authorized to make an arrest without a warrant. (See People v. Bennetto (1974) 10 Cal.3d 695, 698-700, 111 Cal.Rptr. 699, 517 P.2d 1163; cf. Miller v. United States

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