People v. Cressey

In People v. Cressey (1970) 2 Cal.3d 836, an officer went to the defendant's apartment to arrest him for failure to provide support for his minor child and knocked on the door. The defendant answered the door by opening a 5- by 7-inch screened viewport. The officer then explained his purpose for being there, informed the defendant he was under arrest, and ordered him to open the door. The defendant refused to open the door, told the officer he would have to break it down, and closed the viewport. The officer broke the door down and found a gun, marijuana, and paraphernalia in the apartment. ( People v. Cressey, supra, at pp. 840-841.) The defendant was subsequently convicted of being in a place where drugs are unlawfully used, which was upheld on appeal. However, in discussing whether the inspector had probable cause to arrest the defendant for any offense, the Supreme Court noted that "Refusal to open the door is obviously not a public offense. " ( Id. at p. 841, fn. 6.)