California, United States of America
The following excerpt is from Greven v. Superior Court of Santa Clara County, 455 P.2d 432, 71 Cal.2d 287, 78 Cal.Rptr. 504 (Cal. 1969):
6 Although section 844 itself does not specifically require that an officer identify himself as such prior to making a forced entry, its counterpart section 1531, dealing with the execution of search warrants, provides that an officer may resort to forcible entry only after giving 'notice of his authority.' Because the two sections are 'identical in principle' insofar as their announcement requirements are concerned (People v. Villanueva (1963) 220 Cal.App.2d 443, 447, 33 Cal.Rptr. 811), the requirement of identification is an integral part of the rule stated in section 844.
7 In People v. Rosales, Supra, we indicated that rules of announcement reflect a concern not only for the rights of persons suspected of crimes but also for 'the security of innocent persons who may also be present on the premises where an arrest is made.' (68 Cal.2d a p. 304, 66 Cal.Rptr. at p. 4, 437 P.2d at p. 492).
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