State v. Grice
Annotate this CaseWhen two detectives were parked in Defendant’s driveway, they saw three potted marijuana plants within the home’s curtilage. The detectives seized the plants before returning the next day with a warrant to search Defendant’s home. Defendant moved to suppress the evidence of the seized plants, claiming that discovery of the plants was the product of an illegal search and seizure. The trial court denied the motion. The Court of Appeals reversed, holding that the seizure of the plants violated Defendant’s Fourth Amendment rights. The Supreme Court reversed, holding that the detectives’ seizure was justified under the plain view doctrine and supported by exigent circumstances.
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