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