Is there any case law where evidence of a burglary was suppressed or suppressed because the evidence was obtained by police officers who entered the yard without a warrant?

California, United States of America


The following excerpt is from People v. Morgan, 196 Cal.App.3d 816, 242 Cal.Rptr. 140 (Cal. App. 1987):

It is of no moment that the officers had probable cause to suspect a burglary once they were inside the yard. Those observations were made from a place they had no lawful right to be by reason of the warrantless entry into the yard via the garage, as well as the violation of Penal Code section 844. Consequently, the evidence should have been suppressed. (Cf. Lorenzana v. Superior Court (1973) 9 Cal.3d 626, 634, 108 Cal.Rptr. 585, 511 P.2d 33.)

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