State v. Kelgard

Defendants were convicted of three counts of criminal activity in drugs. They assign as error the denial of their motion to suppress evidence seized during a warrantless search of their residence. The primary issue is whether the taint of the illegal entry and search of the residence was purged by defendant Hedgecock’s consent to search the residence. We hold that it was not and therefore reverse.

The arresting officer, using binoculars, spotted what he thought were several marijuana plants in the upstairs window of defendants’ house. He radioed for assistance and the two officers identified…