PEOPLE v. HOAG

No. C031031.

100 Cal.Rptr.2d 556 (2000)

83 Cal.App.4th 1198

The PEOPLE, Plaintiff and Respondent, v. Charles Edward HOAG, Defendant and Appellant.

Court of Appeals of California, Third District.

Review Denied January 17, 2001.


Attorney(s) appearing for the Case

Leupp & Wachob, Thomas A. Leupp, Auburn, and Jeffrey Rue, for Defendant and Appellant.

Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Robert R. Anderson, Senior Assistant Attorney General, Harry Joseph Colombo, Supervising Deputy Attorney General, John G. McLean, Deputy Attorney General, for Plaintiff and Respondent.


HULL, J.

In this matter we conclude a party who is absent at the time of a search of his home nevertheless has a sufficient privacy interest in the premises to assert a knocknotice violation. However, we also conclude that, under the circumstances of this case, the police officers executing a search warrant on defendant's home substantially complied with the knock-notice requirements of Penal Code section 1531 despite...

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