Trujillo

The People appeal from an order dismissing the prosecution of defendant Elaine Dolores Trujillo following the superior court's order granting her motion to suppress evidence. (§ 1238, subd. (7).) [1] The People contend the superior court erred in finding the police failed to comply with the knock-notice requirements of section 1531 in executing a search warrant. For the reasons stated below, we will reverse the order, finding substantial compliance.

(1a) We note the scope of review of suppression motion rulings has changed due to a 1986 amendment to section 1538.5, subdivision (i). Formerly, whether or not a defendant made a suppression motion at a preliminary hearing, the defendant was entitled to a "de novo" consideration of the evidence by the superior court. [2] Thus the superior court was the fact finder whose express and implicit factual determinations were given deference on appeals by defendants and the People. (E.g., People v. Lawler (1973) 9 Cal.3d 156, 160 [ 107 Cal. Rptr. 13 , 507 P.2d 621 ]; People v. Leyba (1981) 29 Cal.3d 591, 596-597 [ 174 Cal. Rptr. 867 , 629 P.2d 961 ]; People v. Poole (1986) 182 Cal. App.3d 1004, 1010-1011 [ 227 Cal.…