People v. Clark
Annotate this CaseDefendant appealed his conviction after pleading guilty to possession of cocaine and a short-barreled shotgun. Defendant argued that the district court erred in denying his motion to suppress evidence under Penal Code section 1538.5 because, although the affidavit in support of the search warrant established that he was cultivating marijuana, it did not show that he was doing so illegally. The court held that, even though there was no showing on the issue of whether the marijuana was possessed or cultivated for medical use, the affidavit in support of the search warrant established probable cause to search. Consequently, the trial court did not err in denying the suppression motion and the court affirmed the judgment of the district court.
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