Thuss

Following the denial of his motion to traverse a search warrant and suppress evidence, defendant Joshua James Thuss pled no contest to possession of marijuana for sale in violation of Health and Safety Code section 11359. On appeal, defendant contends: (1) he was denied due process when the trial court refused to admit certain evidence relevant to the affiant’s credibility at the traversal hearing (Franks v. Delaware (1978) 438 U.S. 154 [ 98 S.Ct. 2674 , 57 L.Ed.2d 667 ] (Franks)) and (2) there was insufficient probable cause to support the search warrant for his residence.

We shall conclude that defendant may not complain that certain writings were not admitted in evidence where he did not move the writings into evidence. We shall further conclude that the presence of fresh marijuana clippings in defendant’s trash outside his house furnished probable cause to obtain a warrant to search the house. We shall therefore affirm the judgment.

Background

On the morning of November 4, 1999, Placer County Sheriffs served a search warrant at defendant’s residence located at 4879 Willowbrook Drive in Sacramento. There, officers found 47 marijuana plants, in various stages of…