People v. Smith

Matthew Polan and Charles Richmond appeal from the judgments (orders granting probation) entered upon their pleas of no contest to possession of concentrated marijuana. (Health & Saf. Code, § 11357, subd. (a).) Daniel Smith appeals from the judgment entered following his plea of no contest to cultivating marijuana, possessing marijuana for sale, and conspiracy. (Health & Saf. Code, §§ 11358, 11359; Pen. Code, § 182.) Prior thereto, their motions to suppress evidence were denied. (Pen. Code, § 1538.5.)

Appellants contend that the trial court erroneously denied the suppression motions. The trial court ruled that (1) a “barn” or “outbuilding” which housed over 4,000 marijuana plants was particularly described in a search warrant and (2) the good faith exception rule of United States v. Leon (1984) 468 U.S. 897 [ 82 L.Ed.2d 677 , 104 S.Ct. 3405 ] (Leon) applied to the particularity clause of the Fourth Amendment. We agree with the trial court that the “barn” or “outbuilding” was particularly described and affirm on that basis. We do not reach the “Leon” issue.

The Warrant

On December 4, 1991, San Luis Obispo County Sheriff’s Deputy Gerald Giese obtained a search warrant…