State v. Church

MCCRODDEN, Judge.

In his only assignment of error, defendant contends that the trial court erred in denying his motion to suppress the evidence seized from his residence, premises, and outbuildings. This assignment of error requires us (I) to review the law enforcement officers’ actions in discovering defendant’s marijuana in plain view and, in so doing, to revisit, in light of Horton v. California, 496 U.S. 128, 110 L.Ed.2d 112 (1990), whether items seized under the “plain view” doctrine must be discovered inadvertently; (II) to determine whether a law enforcement officer who had no warrant…