State v. Lange

The state of Wisconsin appeals nonfi-nal orders1 suppressing 170 marijuana plants seized under a warrant. The warrant had been obtained in partial reliance on an earlier police seizure of one marijuana bud for testing, and the trial court determined that the earlier police seizure involved an impermissible fourth amendment violation of Lange's curtilage.

The state contends that the trial court erred by determining that the bud was seized within the curtilage of Lange's home and by suppressing evidence seized pursuant to a warrant independently supported by probable cause when all evidence of…