State v. Witherington

THOMPSON, Judge.

The state appeals an order granting Paul Thomas Witherington’s motion to suppress evidence obtained after a deputy entered a private yard while investigating a misdemeanor. The only issue is whether Wither-ington had a reasonable expectation of privacy in his back yard. We find he did and affirm.

An Orange County Sheriffs Deputy went to Witherington’s house to investigate a complaint from a neighbor about improper use of a jet ski. Instead of going to the front door, the deputy walked through the carport to the rear of the house because he heard voices coming from there. When…