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44. Should the marijuana plants be suppressed?
The woman was charged with possession of marijuana. She has moved to suppress the marijuana plants recovered when the warrant was executed, claiming that the evidence supporting the warrant was obtained through a search that violated the Fourth Amendment.
The police suspected a woman of growing marijuana in her private residence. Narcotics officers went to her neighborhood in the middle of the night. Nothing unlawful could be seen from the street, so the officers walked into her neighbors' yard and looked in through the woman's kitchen window, which had neither drapes nor shades. The officers observed what appeared to be marijuana plants being cultivated under grow lights in the kitchen. Using this information, the officers obtained a search warrant. The execution of the warrant netted numerous marijuana plants.
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A is incorrect. This answer reaches the correct answer with the wrong reasoning. In most cases, evidence seized pursuant to a search warrant would, in fact, have to be suppressed if the warrant were obtained based on information discovered from an illegal search (i.e., if the initial search was, in fact, illegal). However, as stated above, the search here was not illegal. See Murray v. United States, 487 U.S. 533 (1988).
C is incorrect. The police officers were not on the woman's property; she has no standing to contest the legality of their entrance onto the neighbors' property. Moreover, the officers merely had to enter the neighbors' property to discover the apparent illegal activity through the kitchen window, unobscured by either drapes nor shades.
D is incorrect. There is no rule requiring that the unlawful activities be observable from «any public vantage point.» Rather, the police officers' actions leading up to their discovery of the marijuana plants were legal, which is enough to admit the evidence.