State v. Merrill

We are asked to determine an issue of first impression. That is, whether the appellant, Ronald Merrill, had a “legitimate expectation of privacy” in his driveway so as to invoke his rights under the Fourth Amendment to the U.S. Constitution.

Law enforcement officers reacting to a citizen’s tip drove to Merrill’s rural residence, stopped in his driveway, and observed growing, cultivated marijuana plants from their patrol vehicle. On the basis of that observation, the officers obtained a warrant to search Merrill’s farmyard. Upon serving the warrant, the officers obtained consent from Merrill to…