In what circumstances will a police officer be permitted to enter a person's home from a peephole?

California, United States of America


The following excerpt is from Lorenzana v. Superior Court, 108 Cal.Rptr. 585, 511 P.2d 33, 9 Cal.3d 626 (Cal. 1973):

In People v. Berutko, 71 Cal.2d 84, 91, 77 Cal.Rptr. 217, 220, 453 P.2d 721, 724, wherein an officer, from the vantage point of a common area adjacent to the defendant's apartment, looked into that apartment through an aperture in the drapes, which

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[9 Cal.3d 647] It was similarly held in People v. Guerra, 21 Cal.App.3d 534, 537--538, 98 Cal.Rptr. 627, that the conduct of an officer in eavesdropping by placing his ear to the door of defendant's apartment in the area of the hinges and possibly the peephole did not violate the defendant's 'constitutional right to privacy.'

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