December 8, 2009 By Wallin & Klarich

Two leading domestic violence cases, People v. Frye (1998) 18 Cal.App.4th 894 and People v. Wilkins (1993) 14 Cal.App.4th 761, have held that law enforcement entries into a suspect’s home were lawful as consent entries. The court in People v. Frye stated as follows; it may be inferred from the fact the victim and defendant resided together in the apartment that the victim possessed authority to consent to the officer’s entry.

Consent to enter may be express or implied. For example, officers were standing outside the open door asking the victim who had hurt her. The victim motioned to the defendant lying on the couch inside the home. The officers stepped into the apartment to see who the victim was pointing at. Such actions provide sufficient indication of victim’s consent to the entry.

A knowledgable criminal defense attorney can advise you as to the relevant domestic violence case law and the current state of the law. If you or someone you love is facing criminal charges in California, contact the experienced Southern California criminal defense attorneys at Wallin & Klarich today at 1-888-280-6839 or for a consultation of your case. We can help you.

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