State v. Clark

Eldridge, Judge.

The State appeals from an order of the Superior Court of Glynn County granting Michael Clark’s motion to suppress marijuana which was found in and seized from a densely wooded swamp area outside the curtilage of Clark’s home. Because the superior court’s order was apparently premised upon an incorrect determination that the “open fields” doctrine does not apply to densely wooded, swampy areas; because the “open fields” doctrine permitted the officers in this case to be in the place where they initially observed the contraband; and because no warrant is required to seize…