Tacy

The People appeal from an order of the superior court which denied their motion to reinstate a criminal complaint. (Pen. Code, § 1238, subd. (a)(9).) The sole question confronting us is whether police officers, in executing a search warrant, sufficiently complied with the “knock-notice” requirements of Penal Code section 1531. We conclude that they did, and we therefore reverse.

Penal Code section 1531 reads thus: “The officer may break open any outer or inner door or window of a house, or any part of a house or anything therein, to execute the warrant, if, after notice of his authority and purpose, he is refused admittance.”

I.

In July of 1985 Detective Kevin Kyle was a member of the Specialized Crimes Action Team (S.C.A.T.) in Santa Clara County. That team specialized in enforcement of the narcotics laws. Kyle, in an undercover capacity, became acquainted with one Fawn Tate, from whom he purchased methamphetamine and other drugs on several occasions. On July 29, 1985, Kyle asked Tate to procure for him an eighth of an ounce of methaphetamine, and provided her with $180 in bills, the serial numbers of which had been recorded.

At Tate’s direction, Kyle drove her to a…