What is the test for determining whether a door-to-door salesman has been refused admittance?

California, United States of America


The following excerpt is from People v. Elder, 134 Cal.Rptr. 212, 63 Cal.App.3d 731 (Cal. App. 1976):

[63 Cal.App.3d 739] The thrust of defendant's contention is that there was no refused admittance and thus no legally cognizable justification for the entry at the time it was made. An unreasonable delay in responding to the officer constitutes refused admittance. (People v. Peterson, 9 Cal.3d 717, 723, 108 Cal.Rptr. 835, 511 P.2d 1187.) Marwin waited 20 seconds before entering because he was attempting to comply with the law and apparently it was either his general rule, or the general rule of his department, to wait 20 seconds to allow time to respond to a knock on a door.

Twenty seconds would clearly be too short a wait for a door-to-door salesman or

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