What is the test for a search of the home of a suspect in a grand theft auto case?

The search of the residence was not incident to the arrest of defendant. It was certainly reasonable for the officers to return to defendant's residence as they continued their search. The grand theft auto suspect had not been apprehended, and he had been seen within three houses of defendant's residence five minutes prior to the time that the search was commenced. That the suspect was still at large in the area created exigent circumstances that justified the action of the officers. In addition, in light of the open front door, it was not unreasonable for the officers to have searched the premises to check on the well being of defendant's parents. Since the officers had a legitimate right to approach the front door, the observation and seizure of the assault rifle was justified. (Lorenzana v. Superior Court (1973) 9 Cal.3d 626, 634.)

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The police did not need a dire threat of imminent death to engage in the intrusion on defendant's property. The level of the emergency matched the level of the intrusion. (People v. Mitchell (1990) 222 Cal.App.3d 1306, 1312-1313.) It was reasonable for the police officers to enter the gated yard and approach the front door to inquire of the residents if they had seen the fleeing suspect or, in the alternative, to check on the well-being of the residents in close proximity to the area where the suspect had been seen fleeing.