What is the test for a search and seizure of a handgun and cocaine in a residential street?

California, United States of America


The following excerpt is from People v. Cisneros, B293149 (Cal. App. 2020):

2. In Strider, officers on routine patrol observed the defendant in a fenced front yard with one of the gates open make eye contact with officers, turn around, and quickly walk towards the home's front door. As the defendant turned, an officer observed the butt of a handgun protruding from the defendant's pants pocket. Officers pursued the defendant inside the house, where they recovered the handgun and cocaine. (People v. Strider, supra, 177 Cal.App.4th at pp. 1396-1397.) The court found officers lacked a reasonable suspicion that criminal activity was occurring, and concluded the defendant's detention as well as the officers' warrantless, uninvited entry into the house was unreasonable under the Fourth Amendment. (Id. at p. 1408.)

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