People v. Kong CA1/4

I. FACTS

A. The Exeter House The parties stipulated that the house at 3651 Exeter in San Bruno was purchased by Leo Chang on May 15, 2005. The property was sold in a foreclosure sale at a public auction on April 6, 2011. On April 12, 2011, Manhattan Real Estate, acting for the new

1 owner, hired a contractor to install new locks on the security gate and the front door. In the course of changing the locks, the contractor went inside the residence and observed marijuana plants growing there. He reported his observations to Manhattan Real Estate, which in turn called the police. Officer Plank, a member of the San Mateo County Narcotics Task Force, testified that he investigated the call on April 12, 2011, and responded to the Exeter Street house at about 8:00 p.m. Upon arrival, he noticed that the windows on the front of the house were covered with curtains or blinds that prevented any view into the house and potentially blocked any type of light from coming in or out. In Plank’s experience, the windows in a house that has an indoor marijuana grow operation are typically covered with drywall or thick, heavy plastic material to prevent anyone from seeing inside the house and also to…