Does a superior court's finding that a trespassing officer had a right to enter the yard of a private member of the public who had entered the yard without permission of the police officer?

California, United States of America


The following excerpt is from People v. Thompson, 221 Cal.App.3d 923, 270 Cal.Rptr. 863 (Cal. App. 1990):

The magistrate expressly found that the officer believed the man to be engaged in the criminal activity of trespass. In light of the superior court's statement that it did not think the officer had a right to go into the yard, it appears that the superior court made factual findings contrary to those of [221 Cal.App.3d 941] the magistrate. As the superior court "is no longer vested with unrestricted power to determine the facts," (People v. Ramsey, 203 Cal.App.3d at p. 679, 250 Cal.Rptr. 309), but is bound by the magistrate's factual findings which are supported by substantial evidence, we disregard the findings of the superior court and review the determination of the magistrate.

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