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People v. SUPERIOR COURT (CALAMARAS)

Citations: 181 Cal. App. 3d 901; 226 Cal. Rptr. 636; 1986 Cal. App. LEXIS 1661Docket: H001678

Court: California Court of Appeal; May 20, 1986; California; State Appellate Court

Narrative Opinion Summary

This case involves the seizure of nearly half a ton of marijuana from a property following the execution of a search warrant. Three residents were charged with marijuana cultivation and possession for sale, while one faced an additional misdemeanor charge. The defendants sought to suppress the evidence, arguing noncompliance with Health and Safety Code section 11479, which mandates the preservation of representative samples before destruction. The superior court ruled in favor of the defendants, citing a failure to preserve such samples. On appeal, the Court of Appeals found that the destroyed marijuana did not possess apparent exculpatory value and that substantial compliance with section 11479 was achieved. The People also filed a writ petition challenging the suppression, which the court deemed permissible despite procedural timing disputes under Penal Code section 999a. The Court of Appeals concluded that under California's 'truth-in-evidence' provision from Proposition 8, evidence suppression is only necessary if required by federal constitutional standards. The court directed the lower court to vacate its order striking the possession charge, upholding the charges and dissolving the stay of proceedings.

Legal Issues Addressed

Appeals and Writ Petitions

Application: The People appealed and filed a writ petition regarding a prior court order, contending that the writ petition was permissible despite timing issues under Penal Code section 999a.

Reasoning: The People filed an appeal and a writ petition regarding a prior court order, asserting that the writ petition is permissible despite the defendants' argument against expanding the People's limited review rights.

California's 'Truth-in-Evidence' Provision

Application: Under Proposition 8, suppression of evidence is only necessary if it violates federal constitutional standards, impacting the court's decision not to suppress the evidence.

Reasoning: However, under California's 'truth-in-evidence' provision from Proposition 8, suppression of evidence for failure to preserve it is only necessary under federal constitutional law.

Evidence Preservation under Health and Safety Code Section 11479

Application: The court evaluates compliance with section 11479, which mandates the preservation of a representative sample of seized controlled substances, finding substantial compliance despite procedural issues.

Reasoning: Section 11479 permits the destruction of seized controlled substances over 10 pounds without a court order, provided specific conditions are met, including the collection of at least five random representative samples.

Search Warrants and Evidence Collection

Application: The case involves executing a search warrant and the subsequent seizure and preservation of evidence, specifically the proper handling of seized marijuana under Health and Safety Code section 11479.

Reasoning: Sheriff's officers executed a search warrant, seizing nearly half a ton of marijuana from three distinct garden plots on a single property.

Suppression of Evidence and Materiality

Application: The court considers whether the destroyed marijuana had apparent exculpatory value and if its suppression was necessary under federal constitutional law.

Reasoning: The court found substantial compliance with section 11479 regarding evidence collection... However, intentional destruction of evidence complicates the People's position unless they can argue the evidence would not have been material.