Rook v. State

OPINION

BAKER, Judge.

In this interlocutory appeal, we are presented with the question of whether a police officer’s use of binoculars to view the illegal activity of a defendant in an area behind his residence constitutes an impermissible war-rantless search. Specifically, appellant-defendant Matthew N. Rook appeals the trial court’s denial of his motion to suppress evidence of marijuana seized after a police officer observed him carrying a marijuana plant in his backyard. Rook argues that the police officer’s observations constituted an unreasonable search under the United States and Indiana…