People v. Rustrian CA1/2

BACKGROUND

In October 2012, the San Mateo County District Attorney filed a three-count information charging defendant with the cultivation of marijuana (Health & Saf. Code, § 11358); possession for sale of marijuana (Health & Saf. Code, § 11359); and stealing utility services belonging to PG&E (Pen. Code, § 498, subd. (d)). Defendant pled not guilty to all three counts. Subsequently, defendant moved pursuant to Penal Code section 1538 to suppress evidence obtained by police as a result of their warrantless search of his home. The facts presented at the suppression hearing are not disputed. At 11:38 a.m. on January 18, 2012, a mobile phone call1 from a 707 area code was received on the 911 line of the San Francisco Police Department. According to the testimony of the police custodian of records, the 911 dispatcher taking the call heard “some kind of physical altercation between a male and a female.” The female was screaming, “ ‘let me go.’ ” The male said, “ ‘You set me up,’ ” whereupon the call was disconnected. The 911 dispatcher traced the call to T-Mobile. She contacted T-Mobile and was told the subscriber was named Chastity R. Thompson, “who lived at or the account was set…