Gray
People v. Gray
Opinion
Lead Opinion
Gilbert, J.
*447 Opinion
Douglas Gray appeals his conviction of possession of marijuana. (Health & Saf. Code, § 11357, subd. (c).) He contends the trial court erred by denying his motion to suppress evidence of marijuana. We remand for further proceedings.
Facts
Santa Barbara County sheriffs had received permission to search a swampy area known as the “bog" on Price Ranch for marijuana. One gets to the bog by turning off Price Ranch Road and entering through a gate to another road that leads to the bog. If one were to miss the turnoff and continue for a mile on Price Ranch Road, he would reach what is called the “loop." The loop is a private road which provides access to approximately seven houses.
On the day of the search, Detective Reinstadler asked Deputy Ortega to assist officers in removing marijuana from the Price Ranch. Deputy Ortega did not have specific instructions on how to get to the bog, but he had been to the Price Ranch before. He testified that on the way to the ranch he attempted to establish radio contact with Detective Reinstadler, but the reception was poor, and he did not recall what was said.