People v. Murphy

Defendant Mildred Murphy appeals the denial of her motion to suppress evidence (Pen.Code, [1] § 1538.5, subd. (m)) after having pled guilty to possession of methamphetamine for sale (Health & Saf.Code, § 11378). Murphy contends that the police, in conducting a probation search of her house, failed to follow knock-notice requirements embodied in California law and, in so doing, violated the Fourth Amendment to the United States Constitution. We conclude that the search violated California knock-notice requirements and the Fourth Amendment, and that the evidence must be suppressed.

At approximately 12:45 p.m. on November 7, 2001, following a citizen's complaint, Detective Alberto Santana of the San Diego County Sheriffs Department Street Narcotics Team (team) observed a woman leave Murphy's residence, get into a car and drive away. Santana suspected a drug transaction had taken place. He followed the car and stopped it. The woman admitted she had obtained methamphetamine from Murphy. Santana decided to conduct a probation search of Murphy's residence. [3] While Detective John Marlow was conducting surveillance of the residence, Santana developed an operational plan for…