State v. Schofner

The State appeals, pursuant to 13 V.S.A. § 7403, from an order of the Caledonia District Court suppressing evidence of marijuana cultivation and possession seized with a warrant. The court concluded that the information supporting the warrant, discovered by town listers during a site visit, was obtained in violation of the Fourth Amendment to the United States Constitution. We do not decide whether the listers were lawfully on defendants’ land. We conclude that whether or not the listers *431were on defendants’ properly lawfully, the evidence of defendants’ possession of marijuana plants and drug…