State v. Sullivan

The state appeals from a pretrial order suppressing evidence. There were two witnesses at the suppression hearing — the defendant and a police officer. The defendant admitted he had marihuana plants growing in the window of his second-story apartment. His testimony was that the plants were 12 to 18 inches tall, that the lower part of the window was covered with cardboard and that just a few inches of the plants were visible above the cardboard. The police officer testified that he "had a tip on some marijuana plants growing in the window.” He said that when he came to the premises and stood…