Rodney Meyer v. United States

Appellant contends that the trial court erred in denying his motion to suppress evidence seized when police officers, on two occasions, broke through the door of an apartment in which appellant’s co-defendant was engaged in accepting telephone bets on horse races.

The government challenges appellant’s standing to object on the ground that he was not present when the searches occurred, and that it does not appear from the record that appellant owned or leased the premises searched. Appellant responds that he did not offer evidence of his interest in the premises at the hearing on the motion to suppress because, by agreement, the motion was determined largely on stipulated facts, and the government did not question his standing. We agree with appellant that in these circumstances his standing cannot be challenged for the first time on appeal.

It was stipulated in the trial court that the officers did not comply with the requirement of section 844, California Penal Code, that before breaking open a door to make an arrest police officers must demand admittance and explain the purpose for which admittance is required.

Ordinarily, the validity of an arrest by state officers is to be…