Is compliance with section 844 of the California Criminal Code with respect to destruction of evidence under Section 844 excused?

California, United States of America


The following excerpt is from People v. Negrete, 147 Cal.Rptr. 101, 82 Cal.App.3d 328 (Cal. App. 1978):

It is well established, however, that compliance with the provisions of section 844 is excused if the specific facts known to the officer prior to his entry support his good faith belief that such compliance will permit the destruction of evidence inside the dwelling. (People v. Tribble (1971) 4 Cal.3d 826, 833, 94 Cal.Rptr. 613, 484 P.2d 589; People v. De Santiago (1969) 71 Cal.2d 18, 28-29, 76 Cal.Rptr. 809, 453 P.2d 353;

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