California v. Spark

Facts

Kern County Sheriff obtained an anonymous tip that there was marijuana growing in Zelma Spark’s trailer backyard. Two sheriff’s deputies went to the home and saw a marijuana plant in the backyard that was about six feet tall. The deputies knocked on the front door to contact Ms. Spark about the marijuana. Ms. Spark indicated that her son, Noel Spark, had permission to grow the plants. Thereafter, the deputies went into the backyard and found two more plants of marijuana. The deputies seized all three plants. The following day, Appellant contacted the police, told the police he had been staying there for a few days and not lived in San Bernardino County, and admitted that the plants seized from his mother’s house were his and he tried to keep the plants hidden. Also, Appellant admitted that he smoked approximately a half-ounce of marijuana per week for chronic back pain and he had a marijuana prescription from Dr. William Eidelman, who never reviewed Appellant’s medical records before making the recommendation. Undercover police officers went to see Dr. Eidelman to obtain a marijuana prescription and the officers realized that Dr. Eidelman would recommend the prescription for marijuana in exchange for $250. Likewise, Dr. Eidelman was found to be unlicensed to practice medicine at the time of trial. Moreover, Appellant also had Dr. David Bearman testify at his trial. Dr. Bearman reviewed Appellants medical history and evaluated his physical condition and determined he met the criteria for the recommendation because he suffered from chronic back pain.