State v. Johnson

The opinion of the Court was delivered by

COLEMAN, J.

The issue raised in this appeal is whether the police, under the plain view doctrine, were lawfully in a viewing area and whether they had probable cause to believe that a “light-colored” object which they observed in defendant’s hand as defendant placed the object into a hole beside a post on the porch of a multi-family dwelling was contraband. The object was ultimately determined to be a clear plastic bag containing narcotics. On defendant’s motion, the evidence taken from the porch was suppressed. The State appealed, and a divided…