State v. Bowen

ZEHMER, Judge.

At issue in this appeal by the state is whether the trial court erred in suppressing the warrantless seizure of marijuana growing behind the defendants’ trailer. We reverse and remand for trial.

Upon receiving a tip regarding the location of a marijuana plot, investigator Roger Crase and a confidential informant drove to the area where the marijuana was allegedly being grown. At the same time, investigator Miles flew over the marijuana plot in an unmarked airplane at 1200 feet altitude while maintaining radio contact with investigator Crase. Arriving at the scene, investigator…