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Name: People v. Murphy
Case #: D040040
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 10/06/2003
Subsequent History: Modif. without change in jmt. 10/22/03
Summary

Police failed to comply with knock-notice requirements when they entered appellant’s home to conduct a probation search. The appellate court here reversed the denial of appellant’s suppression motion. Knock-notice requirements apply to probation searches, and there were no exigent circumstances here which excused the requirement. Nor did the officers “substantially comply” with the requirement by shooting at a suspect outside the house, because there was no evidence that the officers intended to provide notice by this act. Further, there was no actual nor implied refusal of admittance, which is a knock-notice requirement. Therefore, the failure to comply with the requirement rendered the search unconstitutional and all evidence seized had to be suppressed. Further, the evidence was not admissable under the inevitable discovery doctrine.