What is the test for entering a person's home without a search warrant?

California, United States of America


The following excerpt is from People v. Martinez, F074672 (Cal. App. 2018):

As a general rule, an officer seeking to enter a residence to make an arrest or perform a search must first identify himself or herself, explain his or her purpose, and demand admittance. (People v. Murphy (2005) 37 Cal.4th 490, 495.) The rule applies to entries through unlocked doors, as well as entries achieved by force. (Id. at p. 496.) Section 844 embodies this rule and provides in relevant part:

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