What is the test for alleging unlawful entry by a police officer into a homeowner's yard to discover and seize a replica handgun?
California, United States of America
The following excerpt is from The People v. Felix, A127173, No. 250009 (Cal. App. 2010):
Defendant argues that Officer Aiello made an unlawful entry into his yard to discover and seize the black replica handgun. Defendant begins his argument with the obvious observation that the officers did not have a warrant to enter or search the premises. He also claims that the gun was not observed "in plain view" from a place where the officers had "a lawful right of access to the object itself." (Horton v. California (1990) 496 U.S. 128, 137.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does a complaint to the police department asserting misconduct by a police officer constitute a crime prescribed under California Penal Code section 148.5 of reporting to police officer that a felony or misdemeanor has been committed? (California, United States of America)
If renaming a police officer in the name of a police community support officer is a good cause for concern, and if so, what effect will the name have on the police community? (California, United States of America)
Can a defendant who claims self-defense to a charge of battery upon a police officer, who is also charged with battery upon the officer, obtain materials from the police department concerning the propensity for violence against the officer? (California, United States of America)
When a police officer sees a person working with a camera and driver's license working with their confederate, can the officer seize the items from the place where they were hidden? (California, United States of America)
In a civil case brought by former Costa Mesa Police Officer and Parole Board member John Sisson, who alleges excessive force, dishonesty and fabrication of evidence, is he seeking discovery of records relating to allegations of excessive force? (California, United States of America)
What is the effect of public interest in a police officer soliciting other police officers to commit armed robberies? (California, United States of America)
In what circumstances would the defense in a civil case have to call at least two police officers, the officer who was involved in a chase and the officer involved in the chase, and the person who was arrested for shots being fired from his car? (California, United States of America)
Can a police officer sue an officer from another police force for personal injury? (California, United States of America)
What is the test for admitting an admission of a statement to a police officer that he would kill the first police officer to step inside his cell if he was not permitted to visit with his wife? (California, United States of America)
Can a defendant who shot an off-duty police officer in the head with a single shot, get out of his car, get into his car and shoot the officer as the officer is approaching? (California, United States of America)
