People v. Werber

Opinion

KANE, J.

Defendant appeals from a judgment entered upon jury verdicts convicting him of cultivation and possession of marijuana.

Legality of Arrest and Search

Appellant first challenges the lawfulness of his arrest and the search of his residence, contending that the arresting officers lacked probable cause, failed to comply with Penal Code section 844, and that the search was neither incident to his arrest nor reasonable in scope.

At the outset respondent claims that appellant is precluded from seeking direct review of the lawfulness of the search because this court has already denied…