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Name: People v. Fisher
Case #: C036014
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 03/14/2002
Subsequent History: Rev. denied 6/12/02.
Summary

Police officers are not required to abandon a search pursuant to a warrant for marijuana when the resident of the premises produces a physician’s permission to possess that marijuana under the Compassionate Use Act of 1996 (Health & Saf. Code, sec. 11362.5). The court rejected the argument that the police should have secured the premises and informed the court of this fact and sought further instruction. The statutory exception is an affirmative defense to be proven at trial.