People v. St. Amour

Appellants William E. Caldwell and Robert St. Amour were charged with violating Health and Safety Code section 11358, subdivision (a) (marijuana cultivation). They pleaded not guilty. Appellants’ motion to suppress evidence under Penal Code section 1538.5 was denied. Appellants were found guilty as charged. The appeal is from the judgment.

Humboldt County Deputy Sheriffs Chris Thiel and Frank Vulich were flying from the southern part of the county to Eureka. They were looking for marijuana gardens and observed one about a mile and a half from Honeydew. The garden was first seen with the naked eye from 4,000 to 5,000 feet. The plants were several feet tall.

Marijuana has a distinct green color which becomes easier to observe when contrasting colors surround it. It also has a distinct configuration. Observing with his naked eye, Officer Thiel believed the plants were marijuana but was not positive.

The plane circled the area 3 or 4 times and Thiel used ordinary and then gyrobinoculars from as low as 1,000 or 1,500 feet to observe the plantation. The gyrobinoculars stabilize the view, eliminating the move ment and vibration of the plane to facilitate the observations. The…