People v. Perea CA4/2

FACTS AND PROCEDURE

On February 17, 2012, police officers acted on a tip that the resident of

defendant’s house was growing marijuana and that a child was staying at the house. The

officers knocked on the front doors and windows of the house but there was no response.

The officers saw an open gate in the chain link fence separating the back yard from the

front yard, and went to see if they could contact someone in the back yard. Upon taking

5 to 10 steps into the back yard, the officers noticed a strong odor of marijuana coming

from inside the house. They saw an open window in the back of the house covered by a

thick white material and containing a vent leading into the house. They heard the sound

of large fans inside the house. The officers believed the house could be a “grow house”

and that people could be inside, who might begin to hide and destroy evidence once they

saw the officers. For this reason, and because they believed a child might be in danger

inside the house, they entered the house without a warrant. No one was inside. After

securing the house, the officers obtained a search warrant.

After obtaining the search warrant, the officers found 968 marijuana…