Elson v. State

KLEIN, Judge.

Appellant was convicted of possession of marijuana in excess of twenty grams and possession of paraphernalia, and appeals the denial of his motion to suppress. We reverse.

Appellant lived with a woman and her twelve year old daughter, and he had an office in their home which was “off limits” to the child. She went into the room, however, in search of a pencil and found marijuana in a desk drawer. She did nothing at that time, but several days later, after quarreling with appellant, she called the police.

The officer who received the call from the child asked her if she could get a…