Does a police officer peering into a two-inch gap between a drawn window shade and the sill of a window where he observed marijuana, constitute an illegal search?

In Lorenzana v. Superior Court (1973) 9 Cal.3d 626, 108 Cal.Rptr. 585, 511 P.2d 33 the court held that a police officer peering into a two-inch gap between a drawn window shade and the sill of a window where he observed marijuana, constituted an illegal search.

In Phelan v. Superior Court (1979) 90 Cal.App.3d 1005, 1011, 153 Cal.Rptr. 738 police officers wanted to engage in surreptitious surveillance of defendants' property from the property next door. They inadvertently trespassed onto defendants' property where they observed partially concealed plants protruding from an enclosed garden. The manner in which the marijuana garden was enclosed indicated defendants had made a reasonable effort to secure their privacy, and the search was held unlawful.

In People v. Salzman (1982) 131 Cal.App.3d 676, 182 Cal.Rptr. 748 a police officer went to the residence of defendant in a rural area for the purpose of seizing marijuana that had been discovered as the result of helicopter overflights. Alongside the road leading to the residence was a sign that stated "No Trespassing." The officer walked around the property and discovered marijuana. The magistrate found that the deputy did not go to the property for the alleged purpose of finding

Page 555