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PEOPLE v. BERKELEY

Docket No. 17703.

88 Cal.App.3d 457 (1978)

151 Cal. Rptr. 686

THE PEOPLE, Plaintiff and Appellant, v. RANDOLPH CARTER BERKELEY III, et al., Defendants and Respondents.

Court of Appeals of California, First District, Division One.

December 19, 1978.

Attorney(s) appearing for the Case

COUNSEL

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Edward P. O'Brien, Assistant Attorney General, Robert R. Granucci and Martin S. Kaye, Deputy Attorneys General, for Plaintiff and Appellant.

Thomas Roland for Defendants and Respondents.

OPINION

DEVINE, J.*

On April 23, 1977, a search warrant for premises in Newark was issued.1 Shortly thereafter, five officers under the command of Detective Kasich proceeded to the house. Four were deployed to the front; Officer Lynch climbed over a fence in the rear. He encountered respondent Berkeley, who was on a sundeck clad...

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