What are the requirements of section 1531 of the California Criminal Code when serving a search warrant at a property where the gate and fence around the property are locked?

California, United States of America


The following excerpt is from People v. Bencomo, 171 Cal.App.3d 1005, 217 Cal.Rptr. 826 (Cal. App. 1985):

While the parties have not cited any California cases which discuss the extent to which the police must comply with the requirements of section 1531 when serving a search warrant where access to the structure is blocked by a locked gate and fence, a federal case, 9 United States v. Moreno (9th Cir.1985) 758 F.2d 425, 10 appears at

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