People v. Joubert

Opinion

FRANSON, Acting P. J.

The People appeal from a judgment dismissing criminal charges against respondents following the granting of a motion to suppress evidence obtained pursuant to a search warrant. Probable cause for the warrant was based on an aerial surveillance of respondents’ land by Madera County law enforcement officers using binoculars to identify a marijuana garden. The trial court granted respondents’ motion to suppress on the theory that the officers’ use of binoculars during the aerial surveillance constituted an unreasonable search under the authority of People v. Arno…