Hunter v. State

OTT, Judge.

A police officer spotted marijuana growing on the upper balcony of appellant’s apartment. He obtained a warrant and searched the apartment. We affirm the order denying appellant’s motion to suppress, but feel the point involved warrants discussion.

Appellant’s attack on the search was addressed to the sufficiency of the affidavit upon which the warrant issued. The affidavit failed to affirmatively allege where the officer was standing when he first spotted the marijuana on appellant’s balcony. Appellant claims this is a fatal deficiency; that the affidavit is required to establish…