In what circumstances will the court deny a motion to suppress evidence of illegal marijuana cultivation and sale discovered pursuant to a search warrant?

California, United States of America


The following excerpt is from People v. Novak, C082099 (Cal. App. 2018):

In People v. Clark, supra, 230 Cal.App.4th 490, the trial court denied the defendant's motion to suppress evidence of illegal marijuana cultivation and sale discovered pursuant to a search warrant. The supporting affidavit stated the police had received information from a confidential informant that the defendant was growing marijuana illegally in his garage. (Id. at p. 494.) During surveillance, the police detected a strong marijuana smell from the garage and observed an air conditioner running in the garage, even though it was a cold night. (Ibid.) In the officer's experience, indoor marijuana growing operations often require an air conditioner to cool the room. (Ibid.)

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