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Name: People v. Weise
Case #: D034948
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 03/23/2001
Subsequent History: Modif. of opn. on den. of rehg. at 88 Cal.App.4th 594c; rev. den. 7/11/01

The trial court erred when it suppressed evidence seized following a warrantless entry into a home where police officers claimed they entered to check on the welfare of the occupants. Neighbors reported to police that loud music had been coming from the home for 24 hours, they had not seen the occupants for at least a day, and that this was unusual. Police observed a couple of days worth of mail and newspapers at the house. It did not appear that anyone was home. Officers kicked the door open and searched the rooms, finding marijuana plants in a closed closet. Based on the plants, the officers obtained a search warrant for the rest of the home, finding further evidence. The appellate court here held that based on the facts, there were exigent circumstances which justified the entry by officers and a cursory search to determine whether the occupants were okay. The opening of the closet door was justified to determine whether there was an injured individual inside.