What is the test for warrantless entry by a police officer to a house in a residential street?

California, United States of America


The following excerpt is from People v. Ray, 21 Cal.4th 464, 88 Cal.Rptr.2d 1, 981 P.2d 928 (Cal. 1999):

We held that the warrantless entry was justified by the exigent circumstance of a burglary in progress, noting that the defendants had conceded "that an officer may enter a dwelling without a warrant if he reasonably believes a burglary is being committed therein." (People v. Duncan, supra, 42 Cal.3d 91, 98, 227 Cal.Rptr. 654, 720 P.2d 2.) The officer reasonably believed that a burglary was in progress, because he had heard a police broadcast that a burglary either had occurred or was occurring and had spoken to a neighbor who had seen suspects outside the residence. Upon inspecting the residence, the officer "found an open window with a television and other articles beneath it." (Ibid.)

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