Morgan

People v. Morgan

Good Law
196 Cal. App. 3d 816·1987 Cal. App. LEXIS 2373·242 Cal. Rptr. 140
Court of Appeal of CaliforniaNovember 30, 1987No. G3004523California1,237 words

Opinion

Lead Opinion

Crosby, J.

—John Allen Morgan pleaded guilty to possession of cocaine for sale after his motion to suppress evidence was denied. Claiming an unannounced police entry into his home was unlawful, he appeals. We agree and reverse.

I

At 2 a.m. on November 20, 1985, a neighbor telephoned police to report loud noises and shattering glass at Morgan’s San Clemente home. Officer Lervold and Sergeant Falk received the dispatch and arrived at the residence, á house with attached garage, within minutes. The property was *819 surrounded by a six-foot fence with a locked gate. They heard, but could not see, someone yelling at the rear of the home.

The officers raised the closed but unlocked garage door, walked through the garage, and entered the rear yard through a side door. Once there, they saw a slightly open French door, with a shattered pane, and broken glass on the ground. Lervold approached the door and illuminated the room inside with his flashlight. A man was sitting on a mattress swaying in place, and the room was in disarray: A chest of drawers was overturned; and a lamp, ashtrays, and money were scattered on the floor. The drawers and their contents had not been disturbed, however.…

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