HUA

Two Pacifica police officers observed several individuals smoking marijuana in an apartment rented by appellant John Hua. The officers entered, without either a warrant or consent, and eventually discovered growing marijuana plants and a cane sword. Appellant was originally charged with cultivation of marijuana (Health & Saf. Code, § 11358) (count 1), possession for sale of marijuana (Health & Saf. Code, § 11359) (count 2), and felony possession of a cane sword (Pen. Code, § 12020, subd. (a)) (count 3).

In the trial court, appellant challenged the police entry and the subsequent search of his apartment in a motion to suppress the evidence seized by the police. (Pen. Code, § 1538.5.) The trial court denied the motion, concluding the entry was justified by exigent circumstances. Appellant then entered a plea of nolo contendere to cultivation of marijuana (Health & Saf. Code, § 11358) and misdemeanor possession of a cane sword (Pen. Code, § 12020, subd. (a)). On appeal, appellant challenges the denial of his motion to suppress (Pen. Code, § 1538.5, subd. (m)). We reject the People’s contention that exigent circumstances justified the warrantless entry of appellant’s home.…