People v. Jackson

California Court of Appeal Apr 1, 1981 No. Crim. 38199Published

Before: Woods

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Holding. The court held that deputy marshals executing a civil writ of possession must comply with knock-and-notice requirements, which were satisfied in this case, and ordered a modification of the defendant's sentence due to a clerical error.

Issues

Whether a deputy marshal executing a civil writ of possession must comply with knock-and-notice requirements.
Whether the trial court erred in denying the motion to suppress evidence.
Whether the trial court erred in sentencing the defendant.

Disposition. modified and affirmed

Quotations verified verbatim against the opinion

“We agree with appellant that a deputy marshal entering a house pursuant to a writ of possession issued in a civil proceeding must, prior thereto, give notice of his authority and purpose in a manner similar to that required under Penal Code sections 844 and 1531.”

“In the instant case, the requirements of the statutes were satisfied.”

“The judgment is modified to reduce appellant’s sentence from four to two years and upon issuance of our remittitur the superior court will correct its abstract of judgment accordingly.”

Opinion

WOODS, J.

As the result of a “plea bargain” effected by means of a submission upon the transcript of his preliminary hearing (see

In re Mosley

(1970) 1 Cal.3d 913 [83 Cal.Rptr. 809, 464 P.2d 473]), defendant Ronald Jackson was convicted of possessing piperidine and cyclohexanone with intent to manufacture phencyclidine (Health & Saf. Code, § 11383, subd. (b); count I) and possessing phencyclidine for purposes of sale (Health & Saf. Code, § 11378; count II).

He contends: “1. The court erred in denying appellant’s motion to suppress evidence which was brought on the grounds that the deputy marshal failed to comply with the knock and notice provisions prior to a forced entry into appellant’s apartment. II. The court erred in sentencing appellant.”

[658]

Uncontroverted evidence

establishes that after personally presenting appellant on September 19, 1978, with a five-day notice to vacate unit number 3 at 4024 Abourne Road, Los Angeles County Deputy Marshal David Long returned to that location on October 5 with his partner to execute a writ of possession.

Long knocked on the door and announced, “‘We’re here with a court order for your eviction. Please open the door.’” After receiving no response he looked through a small hole chipped out of the door and observed appellant, who was inside the residence, look in his direction. When appellant failed to respond to the request, Long knocked again and advised appellant they would “have to have a locksmith pick the lock” if he did not open the door. Appellant once more disregarded the deputy’s demand. A locksmith was called and arrived a few minutes later. He succeeded in opening the lock.

The officers and the owner of the property entered and appellant was ordered to vacate the premises. Deputy Long thereafter obtained the owner’s permission to open a locked closet door, from which was emanating a strong ether odor, a smell the officer had first noticed while still outside the apartment. The owner also granted the officers permission to search the area for any additional persons or weapons that might be present.

People v. Jackson

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WOODS, J.

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