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PEOPLE v. OLIVAS

Docket No. 14182.

266 Cal.App.2d 380 (1968)

72 Cal. Rptr. 109

THE PEOPLE, Plaintiff and Respondent, v. ALFRED ROBLES OLIVAS, Defendant and Appellant.

Court of Appeals of California, Second District, Division Four.

October 4, 1968.

Attorney(s) appearing for the Case

David C. Marcus for Defendant and Appellant.

Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, and Suzanne E. Graber, Deputy Attorney General, for Plaintiff and Respondent.

Evelle J. Younger, District Attorney, Harry Wood and Harry B. Sondheim, Deputy District Attorneys, as Amici Curiae on behalf of Plaintiff and Respondent.

JEFFERSON, J.

This appeal follows defendant's conviction by the court of possession of heroin. [1] The judgment must be reversed because the officers who arrested defendant failed to comply with the demand and explanation requirements of section 844 of the Penal Code before they entered the apartment where the arrest was made and the narcotics were subsequently discovered.

One of the arresting officers was Lynn Leeds of the Narcotics Division...

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