Mays

The People appeal an order dismissing criminal charges against James Anthony Mays after the court granted Mays's motion to suppress evidence under Penal Code [1] section 1538.5. The People contend the court erred in finding law enforcement officers failed to comply with Fourth Amendment knock-notice requirements during a parole search of Mays's home. We agree and accordingly reverse the order.

In early April 1996, Diane Weaver notified San Diego police officers that two diamond rings, one belonging to her mother-in-law Ruth Weaver, had been stolen from her home. Weaver reported that between March 23 and March 30, 1996, numerous people had been in her home doing repairs and other contract work. One of the workers was Mays, who was on parole. Mays's parole agent, Cedric Murphy, suspected Mays was involved in the theft. As a condition of his parole, Mays agreed law enforcement officers could search his residence and property without a warrant.

On April 5, 1996, Murphy and several uniformed police officers went to Mays's residence to conduct a parole search. [2] Mays's mother-in-law, Katherine Riley, heard a loud knock at the front door and heard the officers say they…