United States v. Mark Francis Wynn

SIMPSON, Circuit Judge:

In response to a citizen’s report that marijuana plants were being grown in an open field under some power lines in Hawthorne, Alachua County, Florida, a county law enforcement officer went to the area to investigate. He found 40 to 50 marijuana plants growing approximately 100 yards from an occupied house. He reported his find and went out the next day with another officer to pull the plants up.

While the officers were gathering the plants, appellant, Mark Francis Wynn, Jr., drove up to the house near the field. As the appellant got out of his car, one of the officers…