What is the test for entry into a vacant house by police officers?

California, United States of America


The following excerpt is from People v. Lopez, F074965 (Cal. App. 2018):

It was objectively reasonable for the officers to view the house as vacant, with trespassers, vandals, or others engaged in illegal activity possibly present at the house or using the house to store stolen property. No one answered the knocking at the front door and no one responded to the knock-and-announce at the back door, even though movement could be heard inside the house. Because a prudent, reasonable officer would believe entry into the home was justified, excluding the evidence would serve no

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appreciable deterrent purpose under these circumstances. (Herring v. United States, supra, 555 U.S. at p. 141.)

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