California Court of Appeal

In case where police observed individuals smoking marijuana in a defendant's apartment, entered without a warrant or consent, and discovered marijuana plants and a cane sword, conviction based on nolo contendere plea to cultivation of marijuana and misdemeanor possession of a cane sword is reversed where the trial court erred in denying defendant's motion to suppress. A finding of exigent circumstances is precluded when the only crime police are aware of when they enter a home to arrest the occupant and/or seize contraband is possession of no more than 28.5 grams of marijuana.

Appellate Information

• Decided 01/11/2008
• Published 01/11/2008

Judges

• SIMONS, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Gordon S. Brownell, under appointment by the Court of Appeal, St. Helena, for Defendant and Appellant., Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gerald A. Engler, Assistant Attorney General, Martin S. Kaye and Ronald E. Niver, Deputy Attorneys General for Plaintiff and Respondent.