SAN DIEGO DISTRICT ATTORNEY The Fourth Amendment and ...

For example:
this, where the officers knocked and announced
their presence, and forcibly entered after a
reasonable suspicion of exigency had ripened, their
entry satisfied (18 U.S.C. § 3109) as well as the
Fourth Amendment, even without refusal of
admittance.” (Italics added)
California subscribes to the rule in Banks. (People
v. Murphy (2005) 37 Cal.4 th 490; Officers made
entry without complying with knock and notice
after “loudly” arresting someone outside, causing
the officers to believe that the occupants would
likely destroy narcotics known to be inside. See
also People v. Flores (1982) 128 Cal.App.3 rd 512,
521.)
Hearing retreating footsteps inside. (People v.
Maddox (1956) 46 Cal.2 nd 301.)
An occupant is heard screaming. (People v. Hall
(1971) 3 Cal.3 rd 922.)
An occupant opened the door before the officers
were prepared to knock, noted the police uniforms,
and slammed the door shut. (United States v.
Peterson (9 th Cir. 2003) 353 F.3 rd 1045.)
Occupants see the officers approaching, after which
one of the occupants is seen attempting to jump
from a window and sounds of a toilet flushing were
heard. (People v. Lopez (1969) 269 Cal.App.2 nd
461, 469.)
Officers hear a door slamming and rapid footsteps
inside. (People v. Watson (1979) 89 Cal.App.3 rd
376, 380.)
An officer smelled ether and observed occupants
running. (People v. Stegman (1985) 164
Cal.App.3 rd 936, 946.)
Officers see one suspect attempting to dispose of
narcotics and defendant slammed the door on the
© 2012 Robert C. Phillips. All rights reserved
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