In what circumstances will a police officer be required to make an announcement under section 844 of the California Highway Traffic Act?

California, United States of America


The following excerpt is from People v. De La Plane, 151 Cal.Rptr. 843, 88 Cal.App.3d 223 (Cal. App. 1979):

In People v. Tribble (1971) 4 Cal.3d 826, 833, 94 Cal.Rptr. 613, 484 P.2d 589, the court sets forth three types of an emergency situation in which the announcement requirements of section 844 are not imposed upon police officers because of known facts which support an officer's good faith belief that compliance should not be undertaken: First, where compliance will increase the officer's peril. Second, where compliance will frustrate the arrest. Third, where compliance will permit the destruction of evidence.

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