California, United States of America
The following excerpt is from People v. Hemme, 2d Crim. No. B195358 (Cal. App. 9/6/2007), 2d Crim. No. B195358 (Cal. App. 2007):
In People v. Sheehan (1972) 28 Cal.App.3d 21, search of a defendant's tent for marijuana pursuant to a warrant was illegal, where the warrant described a 315-acre ranch to be searched "together with all structures, tents, lean-tos, and campsites contained within." (Id. at p. 24.) The affidavit made no allegations concerning defendant or his tent. The affiant reported marijuana growing on the ranch, smoking of marijuana by two of 300 participants at a campfire, and the presence of marijuana in one of six other habitations that had been entered previously. In our case, only four persons resided on the five acre property, three of whom were family members, including appellants. The affidavit provided probable cause to believe that a methamphetamine sale operation was being conducted at the address, and that methamphetamine and related materials would be found in any outbuilding or vehicle to which the permanent residents or occupants had access. Substantial evidence supported the trial court's implied finding that the motor home was a vehicle to which occupants of the property had access.
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