People v. Edwards CA3

FACTS AND PROCEEDINGS

About 9:30 p.m. on October 8, 2012, K.P., watching on a security camera installed inside his home, saw a person pull two marijuana plants out of his backyard and go over the fence. K.P. had a prescription for medical marijuana. K.P. went into his backyard and looked over the fence. He saw the thief riding away on a bicycle. K.P. followed the thief and watched the thief go into a house trailer. K.P. called the police. Officer Kelly Kuwata, Deputy Heath Rasmussen, and Sergeant Carl Walter responded to the call. Officer Kuwata and Sergeant Walter went to the back door of the trailer while Deputy Rasmussen went to the other side. Officer Kuwata knocked on the back door and Jamie Barbeiro answered. Barbeiro claimed no one else was present and denied there was any marijuana in the trailer. Officer Kuwata smelled marijuana as soon as she went up the stairs to the back door and the smell was extreme when the door opened. Eventually, Barbeiro admitted that defendant was present and Barbeiro asked defendant to come out of the bathroom. Defendant came out, cursed at the officers and told them to get a warrant. Officer Kuwata restrained defendant by grabbing his right…