State v. Simmons

HEDRICK, Judge.

Defendant assigns as error the trial court’s denial of his motion to suppress evidence of marijuana seized from a cornfield and from his home. After a hearing on defendant’s motion, the court made findings and conclusions which are summarized as follows:

On 14 July 1982 employees of Duke Power Company were inspecting power lines and power line poles along a power line right of way located on land leased by defendant. While performing his duties one of the employees observed what appeared to be marijuana growing in a cornfield on the land. He broke off part of one plant and took…