Howard

The People appeal from an order of the superior court denying their motion to reinstate a criminal complaint against defendants Raymond Howard and Tina Rose. (Pen. Code, §§ 871.5, 1238, subd. (a)(9).) The principal question on appeal is whether an officer who has complied with Penal Code section 1531 (§ 1531) before entering a house to execute a search warrant must again observe the requirements of that section before entering an inner room through a closed door. We shall hold that compliance with section 1531 before entering the house is sufficient and once inside, the officer is not again required to comply before entering a closed inner room.

Section 1531 provides: “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.”

The decisions which have addressed the issue before us are in conflict. On one side are People v. Livermore (1973) 30 Cal.App.3d 1073 [ 106 Cal.Rptr. 822 ] and its progeny (People v. Castenada (1976) 58 Cal.App.3d 165 [ 129 Cal.Rptr. 755 ]; People v. Pompa (1989) 212 Cal.App.3d 1308 [ 261…