People v. Pickle CA3

FACTS AND PROCEEDINGS

A. The Property

Since approximately 2003, defendant had lived at One Mile Hennessey Road in Burnt Ranch, California. The three-acre rural parcel is located on the south side of Hennessey Road, which runs in an east-west direction. The property is bounded by Hennessey Road on the north and a wooded area that lies to the south. The property was owned by defendant’s uncle, Thomas Pickle. Two residences and several sheds and out buildings are located on the property. Thomas Pickle and his wife resided in the main residence; defendant occupied a second house to the east of his uncle’s home. A wooden fence partially bisects the property with one house on either side of the fence. Photographic evidence in the record, however, appears to show an internal dirt or gravel roadway running the length of the property between the two residences.

B. Washington Arrest

On August 22, 2008, defendant was driving in the state of Washington. He was stopped by law enforcement for various traffic violations. Upon approaching the vehicle, the officer smelled raw marijuana. Defendant admitted he had marijuana in the car and told the officer that he had a California medical…