State v. Ohling

*251GILLETTE, P. J.

Defendant appeals his conviction for manufacturing a controlled substance, arising from the discovery of over 30 marijuana plants growing in pots along the side of a deck in the back of his house. He argues that the officers who discovered the plants were without authority to be where they were when they did so and that the discovery was therefore illegal. The trial court denied his motion to suppress, and he was convicted after a stipulated facts trial. We reverse and remand.

Defendant lives on the east side of Muddy Creek in rural Linn County. The area is generally…