Is Defendant's entry into a house unlawful because it was in violation of section 844 of the California Penal Code?

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's second contention is that the entry was unlawful because it was in violation of section 844. This statute authorizes the police to break open the door or window of a house to effect an arrest, but requires that before doing so they (1) knock or utilize some other means reasonably calculated to alert the occupants to their presence, (2) identify themselves as police officers, and (3) explain their purpose in seeking admittance. (Duke v. Superior Court (1969) 1 Cal.3d 314, 319, 82 Cal.Rptr. 348, 461 P.2d 628.)

The police substantially complied with section 844 by knocking, identifying themselves,

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Is Defendant's entry into a house unlawful because it was in violation of section 844 of the California Penal Code?

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