State v. Felker

OPINION

MAY, Judge.

The State appeals the grant of Jason Felker's motion to suppress. The State raises one issue on appeal, which we restate as whether the trial court correctly determined the information on which the State's request for a search warrant was based was obtained illegally and therefore could not be the basis for probable cause required for issuance of a search warrant. We affirm.1

FACTS AND PROCEDURAL HISTORY

On September 3, 2003, Indiana State Trooper Mark Green and Celestine Town Marshal Robert Jenkins flew over Felker's residence and observed a marijuana plant growing in a…