Gotfried

After his motion to suppress evidence (Pen. Code, § 1538.5) was denied, on January 20, 2000, defendant Fredric Jacob Gotfried pleaded no contest to one count of cultivating marijuana (Health & Saf. Code, § 11358). On March 8, 2000, the trial court dismissed a related count of possession of marijuana for sale (Health & Saf. Code, § 11359), suspended imposition of sentence, and placed defendant on three years’ formal probation with various terms and conditions. The trial court granted defendant a certificate of probable cause on March 31, 2000, which was designated as the operative notice of appeal.

Defendant argues on appeal that the search warrant authorizing law enforcement to use a thermal imaging device to scan his residence was not supported by probable cause. We agree, and therefore reverse the judgment.

Facts and Procedural History

On September 24, 1998, Deputy Sheriff Ruben A. Garcia asked the trial court to issue a search warrant authorizing the use of a thermal imaging device on a single-wide mobilehome located at 70450 Chadwick, No. 21, in Lockwood. The request was based upon an affidavit signed by Garcia that provided:

On September 25, 1998, one day after…