People v. Hauser CA6

I. Statement of Facts2

On August 25, 2011, police officers responded to a report of an armed robbery of medical marijuana from the victim‟s backyard. They were informed that the suspects had fled in a dark vehicle and one of them had a gun. After seeing a vehicle that matched the description given by the victim, they conducted a vehicle stop. There was a large pile of marijuana branches on the backseat of the vehicle and a strong odor of marijuana. After the officer detained the three suspects, they saw a one-year-old child sitting in a car seat in the backseat of the vehicle. In removing the car seat, the officer moved some of the marijuana branches and discovered an AK-47 assault rifle. Codefendant Breanna Pucine was identified as the driver of the vehicle. Codefendant Jules Duc had been sitting in the front passenger seat while defendant had been sitting next to the child in the backseat. Both defendant and Duc had marijuana leaves on their clothing. Meanwhile, one of the officers was speaking with the victim. The victim provided the officer with documentation of his prescription to grow medical marijuana. The victim suspected that someone had entered his backyard during the…