PEOPLE v. UHLER

Docket No. G006330.

208 Cal.App.3d 766 (1989)

256 Cal. Rptr. 336

THE PEOPLE, Plaintiff and Respondent, v. GEORGE JAMES UHLER, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division Three.

March 8, 1989.


Attorney(s) appearing for the Case

COUNSEL

William K. Gamble for Defendant and Appellant.

John K. Van de Kamp, Attorney General, Steve White, Chief Assistant Attorney General, and Steven H. Zeigen, Deputy Attorney General, for Plaintiff and Respondent.


OPINION

CROSBY, J.

George Uhler pleaded guilty to possessing marijuana for sale but contends the contraband was unlawfully seized. We find the officer substantially complied with the knock-notice provisions of Penal Code section 1531 and suppression would not be available in any event because compliance was excused under the federal "useless gesture" exception.

I

On the afternoon of September 23, 1986, Newport Beach...

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