PEOPLE v. JACOBS

Docket No. Crim. 25366.

43 Cal.3d 472 (1987)

729 P.2d 757

233 Cal. Rptr. 323

THE PEOPLE, Plaintiff and Respondent, v. JOHN ALBERT JACOBS, Defendant and Appellant.

Supreme Court of California.

January 2, 1987.


Attorney(s) appearing for the Case

COUNSEL

Frank O. Bell, Jr., State Public Defender, under appointment by the Court of Appeal, and Peter R. Silten, Deputy State Public Defender, for Defendant and Appellant.

John K. Van de Kamp, Attorney General, Eugene W. Kaster and Kristofer Jorstad, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

BROUSSARD J.

Defendant appeals from a judgment of conviction of burglary, the key evidence of which was seized by officers who entered his home with a warrant for his arrest. He contends the police failed to comply with the knock-notice statute and that his 11-year-old stepdaughter did not give valid consent to the intrusion. We hold that the seizure was unlawful because the prosecution failed to show that the police had reasonable...

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