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PEOPLE v. MORTON

No. A101269.

8 Cal.Rptr.3d 388 (2003)

114 Cal.App.4th 1039

The PEOPLE, Plaintiff and Respondent, v. Merideth MORTON and Robert Morton, Defendants and Appellants.

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

As Modified January 7, 2004.

Attorney(s) appearing for the Case

Harrington & Ingram, Richard J. Ingram, Santa Rosa, CA, for Appellants and Defendants.

Office of the Attorney General, Bill Lockyer, Robert R. Anderson, Gerald A. Engler, Eric D. Share, Lisa Ashley Ott, for Respondent and Plaintiff.

CORRIGAN, J.

Here the trial court concluded that detectives' entry onto private property was justified by the community caretaking exception to the search warrant requirement. That conclusion is not supported by substantial evidence. Accordingly, the denial of defendants' suppression motion is reversed.

FACTUAL AND PROCEDURAL HISTORY

Defendants Robert and Merideth Morton operate a commercial nursery in Santa Rosa and live on the property. During...

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