Kelley v. State

Judge ALLARD,

writing for the Court.

Shortly after midnight, acting on an anonymous tip, two Alaska state troopers drove up Margaret A. Kelley's driveway to her residence in Willow, Alaska, rolled down the windows of their idling patrol car, and sniffed the air. After detecting the odor of marijuana, the troopers obtained a warrant to search Kelley's home. During that search they discovered and seized evidence of a commercial marijuana grow.

For the reasons explained here, we conclude that the troopers had no legal right to approach Kelley's home at that time of night, in the manner that they…