State v. McConnell

GRIMES, Judge.

This is one of two cases1 in which we stayed the appeals pending the supreme court’s decision in State v. Rickard, 420 So.2d 303 (Fla.1982). Ironically, we now reach opposite conclusions because of certain facts which distinguish the two cases.

The police received an anonymous phone call advising that appellee was growing marijuana in his backyard. A community center immediately adjoined appellee’s property with only a modest depression used for drainage separating the parcels. Without traversing appellee’s property, the police walked to a point near the rear of the community…