Pike

The court, sitting without a jury, found the defendant guilty of possession of marijuana in violation of section 11530 of the Health and Safety Code. He appeals, contending that illegally obtained evidence was used against him.

Agent Larkin of the California Bureau of Narcotic Enforcement, having been informed that marijuana was being grown at a certain residence in Rancho Cordova, viewed the premises from a supermarket parking lot adjacent to the backyard fence of said premises and saw plants which he recognized as marijuana growing in the backyard. Having obtained the identity of the defendant as the occupant of the residence located on said premises, he proceeded to the Municipal Court of Sacramento County and obtained a warrant to search the premises for marijuana plants.

Later the same day Agent Larkin, together with Agents Cozzalio and Nicolai of the Bureau of Narcotic Enforcement, went to the supermarket parking lot at the rear of defendant’s premises and identified the marijuana plants which they saw extending above the fence separating defendant’s backyard from the supermarket parking lot. While they were there Agent Cozzalio observed defendant in the backyard watering…