State v. Johnson

The state appeals from an order suppressing evidence. We reverse and remand.

The facts are not in dispute. Defendant resided on rural property owned by Ralph Tachella. Tachella retained an unrestricted right of access to that property. Tachella saw defendant bring onto the property a tool box, which Tachella believed had been stolen. Tachella called the police and spoke to Deputy Rowan. Tachella told Rowan that he had seen defendant bring the tool box onto the property and that he thought it had been stolen. At Tachella’s invitation, Rowan went to the property, saw the tool box in plain view,…