Tompkins v. Superior Court

In Tompkins v. Superior Court (1963) 59 Cal.2d 65, the defendant's roommate, while away from their apartment, provided police officers with a key so they could search it. When an inspector arrived at the apartment and attempted to open the door, the defendant opened it without disengaging a security chain, made a motion to the left, and slammed the door shut. The inspector then kicked the door in and found a jar containing marijuana seeds. The inspector arrested the defendant and found additional marijuana in another room. A marijuana cigarette was found on the defendant at the station. ( Tompkins v. Superior Court, supra, 59 Cal.2d at pp. 66-67.) In finding the defendant's arrest unlawful, the Supreme Court held that the absent tenant's consent did not authorize the officer to enter the apartment over the objection of the tenant (the defendant) who was home. ( Id. at pp. 68-69.) The court also found that prior to entering the apartment the inspector did not have probable cause to believe the defendant had committed a felony. ( Id. at p. 67.)