People v. Oynes

Opinion by

Judge HUME.

Defendant, Robert John Oynes, appeals the judgment of conviction entered following a trial to the court in which he was found guilty of one count of cultivation of marijuana. Defendant’s appeal rests solely upon the trial court’s ruling denying his pre-trial motion to suppress evidence and statements obtained as the result of two allegedly unlawful searches. We affirm.

I

A

Defendant first argues that the trial court erred in ruling that, for constitutional purposes, no “search” occurred when a police officer used binoculars to observe marijuana ■ plants in defendant’s…