(DOWNLOAD) "State Tennessee v. Michael Steve Prier" by The Texas Court of Criminal Appeals # Book PDF Kindle ePub Free
eBook details
- Title: State Tennessee v. Michael Steve Prier
- Author : The Texas Court of Criminal Appeals
- Release Date : January 17, 1987
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
The trial Judge sustained defendants motion to suppress the evidence, consisting of marijuana seized in a warrantless entry into defendants premises at the direction of a Tennessee Highway Patrol helicopter pilot who observed three separate patches of plants near defendants house. Defendant insisted that all of the plants were within the curtilage and the trial Judge reluctantly agreed. The Court of Criminal Appeals, in a two-one decision, reversed without discussing the issue of whether the plants seized were located within the curtilage and entitled to the same Fourth Amendment protection as the house. We reverse the Court of Criminal Appeals and affirm the trial Judge but remand for further proceedings because only the evidence obtained as a result of the warrantless entry into the premises by the officers on the ground may be lawfully suppressed.
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