P. v. Gardner CA6
Defendant Sean Alden Gardner was charged with misdemeanor elder abuse (Pen. Code, § 368, subd. (b)(1)). After the trial court granted defendant’s motion to suppress evidence pursuant to Penal Code section 1538.5, the People appealed the order to the appellate division of the superior court (appellate division). The appellate division affirmed the order and denied the People’s application for certification. This court granted the People’s petition to transfer. We conclude that the officers’ entry into defendant’s home was justified by the emergency aid exception to the warrant requirement. Thus, the order is reversed.
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