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PEOPLE v. WERNER

No. H037156.

207 Cal.App.4th 1195 (2012)

144 Cal. Rptr. 3d 266

THE PEOPLE, Plaintiff and Respondent, v. CRAIG ANDREW WERNER, Defendant and Appellant.

Court of Appeals of California, Sixth District.

July 20, 2012.

Attorney(s) appearing for the Case

Maggie Shrout , under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Gerald A. Engler , Assistant Attorney General, Stan Helfman and Aileen Bunney , Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

DUFFY, J.* —

Warrantless searches of residences are "presumptively unreasonable" under the Fourth Amendment to the United States Constitution. (Payton v. New York (1980) 445 U.S. 573, 586 [63 L.Ed.2d 639, 100 S.Ct. 1371], fn. omitted.) But police performing an inhome arrest may conduct a limited search for their own protection, known as a "protective sweep," under...

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