State v. Rowe

GRIMES, Acting Chief Judge.

The state appeals from an order suppressing the seizure of marijuana from the ap-pellee’s backyard. We stayed this appeal pending the supreme court’s decision in State v. Rickard, 420 So.2d 303 (Fla.1982).

One of appellee’s neighbors advised the police that he thought appellee was growing marijuana in his backyard. Appellee’s yard was surrounded by a chain link fence. The police were unable to see any marijuana from the complainant’s property. They then went to the house on the opposite side of appellee’s property and, with the owner’s permission, viewed the…