State v. Hite

FULMER, Judge.

We reverse an order suppressing marijuana plants which were discovered when a law enforcement officer shined a flashlight toward the defendant’s partially-open closet door. Because the officer was in the room with the consent of the defendant, any contraband within plain view was subject to a seizure.

At approximately 10:00 p.m. on March 6, 1993, several deputies responded to a report of gunshots being fired in the backyard of the defendant’s house. When Deputy James Previtera asked whether he could enter the house to make sure that no one inside needed assistance, the defendant…