California, United States of America
The following excerpt is from People v. Defeo, B227015 (Cal. App. 2011):
Appellant contends that Officer Day's initial entry into the residence was unconstitutional under the Fourth Amendment because it was not justified by objective facts. In reviewing a suppression ruling, we defer to the express and implied factual findings made by the magistrate if supported by substantial evidence, but we exercise our independent judgment in determining the legality of the search on these factual findings. (People v. Shafrir (2010) 183 Cal. App.4th 1238, 1245.) Based on our review of the law and facts, we conclude that Officer Day's entry into the residence on South Cloverdale Avenue was valid under the community caretaker exception to the warrant requirement.
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