State v. Niedergang

Reed, A.C.J.

The State appeals the suppression of the only evidence supporting prosecution of Paul David Nie-dergang for possession of marijuana. We find no error in the trial court's conclusion that the evidence was seized outside the scope of the search warrant, and affirm.

A residence at 3016 Falk Road, Vancouver, faced another, 3012 Falk Road, across an unpaved cul-de-sac at the end of a street. A garage formed the fourth side of this "square." Low concrete curbs separated each house from the traveled portion. The resident at number 3012 testified that any visitor to either house might park…