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PEOPLE v. MURPHY

No. D040040.

5 Cal.Rptr.3d 195 (2003)

112 Cal.App.4th 546

The PEOPLE, Plaintiff and Respondent, v. Mildred MURPHY, Defendant and Appellant.

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

As Modified October 22, 2003.

Review Granted January 22, 2004.

Attorney(s) appearing for the Case

Laurel Nelson Smith, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert Anderson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Quisteen S. Shum and Heather F. Wells, Deputy Attorneys General, for Plaintiff and Respondent.

AARON, J.

I.

INTRODUCTION

Defendant Mildred Murphy appeals the denial of her motion to suppress evidence (Pen.Code,1 § 1538.5, subd. (m)) after having pled guilty to possession of methamphetamine for sale (Health & Saf.Code, § 11378). Murphy contends that the police, in conducting a probation search of her house, failed to follow knock-notice requirements embodied in California law and, in so doing, violated...

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