People v. Superior Court
Opinion
Lead Opinion
Kerrigan, J.
On August 17, 1970, a complaint was filed in the municipal court charging Jerry Dean Martin and Linda Lou Martin (real parties in interest and hereinafter designated as “defendants”) with possession of marijuana (Health & Saf. Code, § 11530), possession of marijuana for purpose of sale (Health & Saf. Code, § 11530.5), possession of a narcotic device (Health & Saf. Code, § 11555), and possession of restricted dangerous drugs (Health & Saf. Code, § 11910).
Defendants moved for suppression of the evidence seized by police in the execution of a valid search warrant issued on August 14, 1970. Following a formal hearing, the magistrate found that while certain items of contraband (a small quantity of marijuana and illegal drugs and several narcotic devices) were observed by the officers in plain sight at the time the search warrant was executed, that nevertheless their seizure was improper as being beyond the scope of the warrant. However, the defendants were held to answer on the charges involving the contraband which was described in the warrant (1½ lb. packet of hashish) and which was seized pursuant thereto.