Channing

The People appeal the trial court’s grant of defendant’s motion under Penal Code section 1538.5 to suppress the evidence of marijuana being grown under a green tarp near his trailer on his property. Acting on a tip from a confidential informant, Officer John Wickum of the San Bernardino County Sheriff’s Department observed marijuana plants being grown under a green tarp behind defendant’s trailer. The People contend that the evidence of the officer’s observation should not have been suppressed because the officer made his observation while standing in the so-called open fields area. (Hester v. United States (1924) 265 U.S. 57 [ 44 S.Ct. 445 , 68 L.Ed. 898 ] (hereafter, Hester).) As we shall explain below, we agree with the People and reverse.

Discussion

The principles governing our review of the trial court’s ruling on a motion to suppress evidence in a criminal proceeding are well settled: “In ruling on such a motion, the trial court (1) finds the historical facts, (2) selects the applicable rule of law, and (3) applies the latter to the former to determine whether the rule of law as applied to the established facts is or is not violated. [Citations.] ‘The [trial]…