People v. Rubio – Shots Fired

People v. Rubio, California Court of Appeal, December 16, 2019

Summary: Officers responded to a “shots fired” call in a high crime neighborhood.  Defendant exited a garage and confronted police, “yelling for them to shoot him.”  Officers broke into the garage, found contraband, and later returned with a search warrant.  The initial entry violated the Fourth Amendment.  The court explained, “If a man lives in a high crime neighborhood and somebody discharges a firearm outside his home, may the police break down his door and enter his apartment when he refuses to invite them in to investigate? The Fourth Amendment answers a resounding “no”…”

Sample Motion to Suppress: Download

Court Opinion: Download

Keywords: Suppress, Fourth, Warrant, Privacy, Home, Residence

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