In a search warrant application, what is the effect of a judge's finding on a police knock-notice?

California, United States of America


The following excerpt is from People v. Murphy, 123 P.3d 155, 36 Cal.Rptr.3d 125, 37 Cal.4th 490 (Cal. 2005):

In the present case, the trial court (magistrate) found no exigent circumstances existed to excuse the officers' duty to comply with the knock-notice requirements, as the officers did not know that drugs were being flushed or otherwise destroyed, or that anyone in the house was arming himself or herself or attempting to flee. Of course, this finding, to the extent it states a legal conclusion, is not binding on us. "In reviewing a ruling on a motion to suppress evidence, we defer to the trial court's findings of fact, whether express or implied, if those findings are supported by substantial evidence. We independently determine the relevant legal principles and apply those principles in evaluating the reasonableness of the search based on the facts as found by the trial court." (People v. Mays, supra, 67 Cal.App.4th at p. 972, 79 Cal.Rptr.2d 519.)

Other Questions


In a search warrant application, what is the effect of a judge's finding on a police knock-notice? (California, United States of America)
Is a search of a vehicle by a police officer who stops and searches the vehicle at the police station a search warrant? (California, United States of America)
What is the test for a search warrant issued by a police officer in the context of search warrant application? (California, United States of America)
Does the affidavit supporting a search warrant invalidate the search warrant for a home searched for a stolen gun after the original warrant was issued? (California, United States of America)
For the purposes of a search warrant, can the search warrant be used in the search of a defendant's automobile, at the police station and some time after his arrest? (California, United States of America)
In a search warrant application, what is the test for determining whether a search can be conducted in search warrants? (California, United States of America)
If a search warrant authorizes a search, can the warrant authorizations to search the bag be added to the warrant? (California, United States of America)
Does the exclusionary rule apply when an officer acting with objective good faith has obtained a search warrant for the search warrant under the Golden Gate Drive search warrant? (California, United States of America)
Does the search warrant for "any vehicles" provision in the first warrant for a search warrant apply to a vehicle search? (California, United States of America)
What is the test for determining whether a search warrant has to be issued to search a vehicle that has been stopped and searched by police? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.