Kirsche v. State

Adams, Judge.

An officer lawfully in a place who sees evidence relating to a crime in plain view may seize that evidence. In this case, two of three officers investigating a domestic complaint at night went to the back of William Lester Kirsche’s residence as a safety precaution as the third officer knocked on the front door. While in the backyard, one of the officers discovered what appeared to be a large marijuana plant. Based on this evidence, Kirsche was convicted on charges of manufacturing marijuana and possession of marijuana. He now appeals denial of his pre-trial motion to suppress…