Gesner

Respondents David Royal Gesner, Lavonia May Gesner, Kevin R. Smith and Mark M. Gesner were charged with violating Health and Safety Code sections 11359 (possession of marijuana for sale) and 11360 (conspiracy to transport, furnish or sell marijuana). Respondent Kevin Smith was charged with aiding and abetting respondents Mark Gesner, David Gesner and Lavonia Gesner in the possession for sale of marijuana. (Pen. Code, §31; Health & Saf. Code, § 11359.)

Respondents moved to suppress the evidence and to quash the search warrant. (Pen. Code, § 1538.5.) Following a hearing, the superior court suppressed all items seized from the Gesner residence and dismissed the information as to all respondents. The People appeal.

Facts

In November 1986, the Tuolumne County Sheriff’s Department was advised by Oregon law enforcement authorities that respondents Mark and David Gesner, who were brothers, were suspected of transporting large amounts of marijuana from Sonora, California, to Oregon. The brothers, together with David’s wife Lavonia and her children, lived in a trailer home in Sonora. These two law enforcement agencies were also cooperating in an ongoing investigation of the…