California Court of Appeal December 19, 1978, Crim. 17703 (People v. Berkeley)

*459

Opinion

DEVINE, J.

*

On April 23, 1977, a search warrant for premises in Newark was issued.

1

Shortly thereafter, five officers under the command of Detective Kasich proceeded to the house. Four were deployed to the front; Officer Lynch climbed over a fence in the rear. He encountered respondent Berkeley, who was on a sundeck clad in shorts sunning himself.