People v. Hopko

This appeal raises the basic issue of whether the constitutional protection 1 against unreasonable searches and seizures requires suppression of evidence clearly visible in a backyard garden area where an investigative officer, without first obtaining a warrant, seizes 54 plants of growing marijuana. Defendant was charged with manufacturing marijuana in violation of MCLA 335.341(l)(c); MSA 18.1070(41)(l)(c). Following denial of his • motion to suppress, based upon the Fourth Amendment prohibition against unreasonable searches and seizures, defendant was tried by a jury and found guilty. On…