People v. J.H (2012) Torrance
In 2011, police officers entered Client’s home unannounced and without a warrant. They claim they were investigating a burglary but there was no signs of forced entry or forced entry. Officers went through the entire home until they found the Client tending to his legally operating medical marijuana grow operating in his backyard. Police officers arrested the Client, demolished the grow operation, and put all equipment into storage.
On a motion to suppress, a judge found that the police officers made an illegal search and seizure of Client’s home. The judge ordered all the evidence suppressed and therefore unusable by the District Attorney’s office – leaving the District Attorney only one option: dismissal. As part of the dismissal, the Client received all of his grow equipment back.