Bradley

Dwight Bradley appeals his conviction for feloniously possessing marijuana (Health & Saf. Code, § 11357, subd. (a)), claiming the contraband was illegally seized from his apartment and the trial court erred in denying his motion to suppress (Pen. Code, § 1538.5).

Although we uphold the trial court’s finding of exigency justifying the initial warrantless police entry into Bradley’s apartment, we find no exigency or other justification for the warrantless reentry to test suspected contraband after being rebuffed in an attempt to have the district attorney seek a search warrant, and a later reentry to seize materials after a magistrate refused to issue a requested warrant. Accordingly, we reverse with instructions for the trial court to grant Bradley’s motion and suppress all evidence seized from his apartment.

Background

On January 2, 1981, at approximately 10:30 p.m., three police officers answered a radio call reporting a burglary in progress at a two-story duplex. The reporting party, Mrs. Johnson, who lived in the ground floor apartment, talked to two officers while the other watched the rear of the building. Mrs. Johnson said she heard the sound of breaking glass…