In what circumstances will a judge invalidate a police officer's entry to the Court of Appeal for costume costuming?

California, United States of America


The following excerpt is from People v. Schad, 21 Cal.App.3d 201, 98 Cal.Rptr. 439 (Cal. App. 1971):

While we might question, by hindsight, whether the officers' costuming was proper police administration in the present case, we have concluded that the subterfuge--if that it was--did not invalidate the officers' entry. In so concluding, we are mindful, too, that the officers could reasonably have been guided in their own actions by their assessment of possible peril to themselves, 7 the possible destruction of evidence, 8 and frustration of the search and possible arrest of the suspects. (See People v. Carrillo (1966) 64 Cal.2d 387, 391, 50 Cal.Rptr. 185, 412 P.2d 377; People v. Peterson (1970) 9 Cal.App.3d 627, 631, 88 Cal.Rptr. 597.)

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