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People v. Smith, B219915

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By FindLaw Staff on November 30, 2010 11:10 AM

Denial of motion to suppress in prosecution for marijuana possession for sale

People v. Smith, B219915, concerned a challnege to the trial court's denial of defendant's motion to suppress, in a prosecution of defendant for marijuana possession for sale.  In affirming the decision, the court held that the two police officers and a deputy probation officer acted reasonably while searching defendant's apartment, and because the officer acted reasonably in opening a dryer door, the observation and seizure of the marijuana by the officer in plain view was reasonable.

As the court wrote: "Once the dryer door was opened, Officer Pearce testified he could see the marijuana.  Defendant does not contend the marijuana was not in plain view once the dryer door was opened.  Hence, if Officer Pearce acted reasonably in opening the dryer door, then the observation and seizure of the marijuana by Officer Pearce in plain view was reasonable."

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