People v. Shimek

Opinion

EVANS, Acting P. J.

Defendant pled guilty to cultivation of marijuana (Health & Saf. Code, § 11358) and was placed on probation. He contends his motion to suppress evidence should have been granted, and one of the conditions of his probation is invalid.

1

We shall affirm.

Facts

On May 6, 1987, Officer Fritz of the Trinity County Sheriff Department was looking for a suspect in a domestic violence case, Frank Grunert, who was reportedly armed and under the influence of narcotics. He and other officers were sweeping the area of about five residences. Officer Fritz was checking the doors and windows, to make sure the suspect could not have entered the buildings. There were about three outbuildings in the area, one of which was defendant’s greenhouse. Defendant’s house was located about 75 feet from Grunert’s house. Officer Fritz looked through a one-inch crack in the greenhouse, for the purpose of determining if the suspect was inside, and observed numerous growing marijuana plants. Later, he called his superior, who prepared an affidavit for a search warrant. The warrant was issued based on the affidavit. The greenhouse was searched on May 7, 1987, and approximately 239 growing marijuana plants were seized. The court ruled the observation was permissible, the affidavit accurate, and the ensuing search in good faith reliance on the warrant.

2

[342]

Discussion

I

*

II

Defendant was placed on probation with the condition, “He shall submit to urine, blood, or breath test for the detection of alcohol and/or narcotics when requested by the probation officer.” Counsel acknowledges a probation condition is valid unless it has no relationship to the crime

and

relates to noncriminal conduct

and

is not reasonably related to future criminality.