Venghiattis

By complaint filed September 29, 1983, Michel Etienne Venghiattis (Venghiattis), was charged with the cultivation of marijuana in violation of Health and Safety Code section 11358. Venghiattis entered a plea of not guilty. At the preliminary examination which followed, his Penal Code section 1538.5 motion was denied and he was held to answer.

An information was filed in the superior court alleging the violation of Health and Safety Code section 11358. The case was referred to the probation department for a diversion report. A hearing was held and diversion was denied after the trial court found that the marijuana was not cultivated for personal use.

Venghiattis filed a motion to dismiss pursuant to section 995 and a motion to suppress evidence pursuant to section 1538.5. The motions challenged the legality of the warrantless aerial surveillance of his property. Both motions were submitted on the basis of the preliminary hearing transcript as well as points and authorities submitted by the parties and the stipulated testimony of a deputy sheriff. The trial court denied the motions stating that Venghiattis did not exhibit a reasonable expectation of privacy from…