What is the test to sustain an order of dismissal against a defendant who was arrested as a result of a breach of section 844 of the Penal Code?

California, United States of America


The following excerpt is from People v. Hill, 146 Cal.Rptr. 1, 80 Cal.App.3d 879 (Cal. App. 1978):

To sustain the trial court's order of dismissal, defendant relies upon People v. Buckner (1973) 35 Cal.App.3d 307, 111 Cal.Rptr. 32, in which the police officers, who were acquainted with a resident of certain premises, arrested him outside of the residence as he came out of the front door. Other officers then entered the residence without announcing their presence or demanding admittance or explaining the purpose for which admittance was desired. The resident who was first arrested was then taken back into the house. Buckner held that there had been a violation of Penal Code section 844, even though the officers entered through an open door, since there was no announcement of purpose or request for admittance.

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