State v. Elbertson

PEARSON, Judge.

The State has appealed an order granting the defendant’s motion to suppress marijuana plants seized at the time of his arrest for the possession of a controlled substance. The trial judge has set forth the facts found to have been established at the hearing on the motion.

“1. The arresting officers went to the residence of the Defendant at night as a result of a report of a burglary in progress. They also were to serve a warrant on another individual on charges unrelated to the charges against this Defendant. The other individual was not at the residence.

“2. The officers…