People v. Clark

INTRODUCTION

Defendant and appellant Reece John Clark (defendant) pleaded guilty to possession of cocaine and a short-barreled shotgun. On appeal, defendant contends that the trial court erred when it denied his motion to suppress evidence pursuant to Penal Code section 1538.5 (section 1538.5). According to defendant, the affidavit in support of the search warrant did not establish probable cause to search his residence because, although it showed that he possessed and was cultivating marijuana, it did not address whether the marijuana was possessed or cultivated for medical purposes.

We hold that, even though there was no showing on the issue of whether the marijuana was possessed or cultivated for medical use, the affidavit in support of the search warrant established probable cause to search. Therefore, the trial court did not err in denying the suppression motion. Accordingly, we affirm the judgment of conviction.

FACTUAL BACKGROUND

The statement of probable cause in support of the search warrant provided the following facts. Los Angeles County Sheriff’s Department Deputy Michael Gaisford had extensive training and experience in, inter alia, the field of…