State v. Dickson

LINDER, J«

The state appeals from a pretrial order excluding evidence of a backpack obtained during a search, pursuant to a warrant, of a residence and its curtilage. The state argues that the trial court erred in suppressing the evidence, because the backpack was within the scope of the warrant and because defendant had abandoned any privacy interest he had in the backpack. We reverse the order of suppression and remand for further proceedings.

Police officers obtained a warrant to search the house and curtilage of a Linn County residence for “marijuana, controlled substances” and related…