People v. SUPERIOR COURT (CALAMARAS)

Opinion

AGLIANO, P. J.

Sheriff’s officers with a search warrant seized a total of nearly half a ton of marijuana plants from three distinct garden plots on a single parcel of real property, saved samples undifferentiated as to garden plot, and destroyed the rest of the marijuana. Three residents of the parcel were accused by information of cultivation of marijuana and possession of marijuana for sale; one of the three was also accused of a misdemeanor not directly related to the growing plants. The defendants moved to set aside the information on the ground (among others) tfiat the magistrate…