PEOPLE v. DUNCAN

Docket No. Crim. 24414.

42 Cal.3d 91 (1986)

720 P.2d 2

227 Cal. Rptr. 654

THE PEOPLE, Plaintiff and Respondent, v. MARK DUNCAN et al., Defendants and Appellants.

Supreme Court of California.

July 10, 1986.


Attorney(s) appearing for the Case

COUNSEL

Michael P. Thorman, Morris & Thorman, Bonjour, Gough & Thorman and Dennis Roberts for Defendants and Appellants.

John K. Van de Kamp, Attorney General, Herbert F. Wilkinson and Ronald E. Niver, Deputy Attorneys General, for Plaintiff and Respondent.

Ira Reiner, District Attorney (Los Angeles), Harry B. Sondheim and Eugene D. Tavris, Deputy District Attorneys, as Amici Curiae on behalf of Plaintiff and Respondent.


OPINION

MOSK, J.

Does the odor of ether and other evidence that an unlawful drug laboratory is in operation constitute exigent circumstances sufficient to justify the warrantless entry and search of a dwelling. As will appear, we conclude that such a determination must be made on a case-by-case basis and that in the case at bar the entry and search were justified.

On April 7, 1981, at approximately 12:30 p.m., Officer Steven...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases