State v. Graffius

— The State appeals an order suppressing evidence of marijuana, arguing that a police officer’s intentional, but nonintrusive, open view of marijuana in a garbage can did not violate John G. Graffius’ right to privacy. We agree and reverse.

Narcotics detectives received a tip from the FBI that Graffius was growing marijuana. Because they did not have enough information to establish probable cause for a warrant, the detectives decided to conduct a "knock and talk”. In a "knock and talk”, uniformed officers go to an address and attempt to contact the occupant. If he answers, they tell him they…