What is the test for police to enter a person's backyard through a gate posted with a "no trespassing" sign?
California, United States of America
The following excerpt is from People v. Thompson, 221 Cal.App.3d 923, 270 Cal.Rptr. 863 (Cal. App. 1990):
On its facts, the case before us is very much like People v. Winters, supra, in which the court held police investigating a malicious mischief complaint had no right to enter defendant's backyard through a gate posted with a "no trespassing" sign and the marijuana they found there should have been excluded from evidence. The court reasoned,
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