California Court of Appeal

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People v. Sweig, C057241

In a case in which police officers detained mentally-disabled defendant outside of his residence and then entered his residence to seize a rifle they observed in his possession prior to the detention, dismissal of case is affirmed where: 1) seizure of the weapon was a product of a warrantless entry of defendant's residence in violation of the Fourth Amendment; and 2) the circumstances in this case did not give rise to an exception to the warrant requirement of the Fourth Amendment.

Appellate Information

  • Decided 10/27/2008
  • Published 10/27/2008

Judges

  • SCOTLAND, P.J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Senior Assistant Attorney General, John G. McLean, Supervising Deputy Attorney General, Doris A. Calandra, Deputy Attorney General, for Plaintiff and Appellant.

  • For Appellees:
  • Aaron Williams, Redding, for Defendant and Respondent.
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