California Court of Appeal

In a case in which an unarmed alleged stalker was arrested inside the home of his victim and then questioned extensively despite his repeated invocation of his right to remain silent, the People's writ of mandate, compelling the court to vacate its ruling suppressing the evidence collected in the initial search of defendant's residence, is denied where, in the absence of exigent circumstances, if the police could have obtained but did not obtain a warrant to search a person's residence, and entered the person's residence illegally based on an invalid consent, the fact that they could have obtained a warrant, or later obtained a warrant when they wanted to return to search the home again, does not excuse their failure to obtain a warrant before the initial entry.

Appellate Information

• Published 2017/02/14

Judges

• ZELON

Court

• California Court of Appeal

Counsel