Grimes v. Superior Court

California Court of Appeal Jun 17, 1981 No. Docket Nos. 6314, 6316Published

Before: Franson

AI Brief

AI-generated · verify before citing

Holding. A search warrant is invalid when the issuing magistrate is not neutral and detached, such as when the magistrate owns the premises to be searched and personally investigated the crime. Consequently, evidence seized under such a warrant must be suppressed, though charges may proceed if sufficient independent evidence exists.

Issues

Whether a search warrant is valid when issued by a magistrate who owns the premises and participated in the investigation.
Whether the denial of a motion to set aside the information was proper when independent evidence supports the charges.

Disposition. remanded

Quotations verified verbatim against the opinion

“The trial court should have granted petitioner’s motion to suppress the marijuana plants and the sawed-off shotgun seized at the premises at 416 Monterey Street, Chowchilla, California.”

“Judge Green was the owner of the premises to be searched and the landlord to the suspects. He personally investigated the suspected marijuana cultivation by visiting the premises and taking Polaroid photographs.”

Opinion

FRANSON, J.

Petitioners seek a writ of mandate directing the superi- or court to suppress evidence pursuant to Penal Code section 1538.5 and to set aside the information pursuant to Penal Code section 995. Petitioners are jointly charged with violating Health and Safety Code

[585]

section 11358 (cultivation of marijuana) and Penal Code section 12020, subdivision (a) (possession of a sawed-off shotgun).

The issue before this court is whether evidence seized pursuant to a search warrant should have been suppressed because the magistrate who issued the warrant was not “neutral and detached.” The magistrate was the owner of the premises ordered to be searched and was also the person who advised the police to investigate the premises after he observed what he thought were marijuana plants growing thereon.

The Facts

On August 31, 1980, Howard Green, Judge of the Chowchilla Judicial District, County of Madera, went to 412 Monterey Street, Chowchilla, at the request of Mrs. Weese who resides there. Mrs. Weese had advised Judge Green that she suspected marijuana was being cultivated next door at 416 Monterey on premises owned by Judge Green.

Upon Judge Green’s arrival, Mrs. Weese showed him her discovery. He confirmed her suspicions and took three Polaroid pictures of the growing marijuana with Mrs. Weese’s camera. He thereafter reported the crime to the police.

In response to Judge Green’s report, Officer Maloney of the Chowchilla Police Department went to Monterey Street and was directed by Judge Green to observe the growing marijuana. Officer Maloney made an independent determination that marijuana was growing on the premises at 416 Monterey.

Judge Green gave Officer Maloney the three pictures that he had previously taken and told him the ball was in his court. Judge Green later signed a search warrant based on the affidavit of Officer Maloney. The warrant was served on August 31, 1980, at 416 Monterey Street, Chowchilla. The marijuana plants and a sawed-off shotgun were seized pursuant to the warrant.

Grimes v. Superior Court

AI Brief

FRANSON, J.

More from California Court of Appeal

Related research

AI Brief