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PEOPLE v. WEISE

No. D034948.

105 Cal.Rptr.2d 314 (2001)

87 Cal.App.4th 1265

The PEOPLE, Plaintiff and Appellant, v. Christopher Michael WEISE et al. Defendants and Respondents.

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

As Modified on Denial of Rehearing April 20, 2001.

Review Denied July 11, 2001.

Attorney(s) appearing for the Case

Paul J. Pfingst, District Attorney, Thomas F. McArdle and James E. Atkins, Deputy District Attorneys, for Plaintiff and Appellant.

David B. Songco, San Diego, for Defendants and Respondents.

BENKE, Acting P.J.

The People appeal denial of a motion to reinstate a criminal complaint under Penal Code 1 section 871.5. (§ 1238, subd. (a)(9).) The People contend the magistrate erred in suppressing evidence obtained when police officers entered a residence to check on the welfare of occupants. We find the seizure of evidence was proper and therefore the superior court's refusal to grant the People's motion under section 871.5...

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