State v. Porter

Robertson, C.J.—

The State appeals action taken by the trial court in granting a motion to suppress evidence. The two issues as presented by the State are:

“1. Whether the seizure of marijuana lying unconcealed in the yard of a house is the result of a search and requires a search warrant to be valid.

2. Whether defendants in a ‘possession’ case who do not establish that they were legitimately present on certain premises have standing to allege an unconstitutional search of the premises.”

For the reasons stated hereafter, the trial court’s action is affirmed.

The pertinent facts disclose that…