Legal Question in Criminal Law in California

Most searches and seizures that generate litigation, and appellate law, are what is known as warrantless searches. If a search warrant was issued, the issue is whether the warrant described the place or persons to be searched with particularity. If the defendant wants to challenge the warrant, he does so through what is known as a motion to traverse a warrant. In that situation, he would argue that the warrant was issued without probable cause. I couldn't give you a definitive answer, because I do not have the warrant in front of me, or the affidavit that the warrant was based on. If the affidavit was sealed, it is known as a Hobbs warrant, which means it is based on confidential informant. The fact that a search was made for one item, and the police discovered other contraband is not in and of itself a defense. You would only have a defense if you could show that no warrant should have been issued, especially if the marijuana was found in plain sight, or plain smell during the normal execution of the warrant.

I cannot tell you what time the defendant would serve, because you do not specify the charge, or how much marijuana was found, etc.