Criminal Procedure keyed to Israel
Florida v. Riley
Facts
Acting on an anonymous tip that marijuana was being grown on the respondent’s property, a Pasco County Sheriff’s Office investigator went to the property and determined that he could not see the contents of the greenhouse from the road. He circled over the property in a helicopter at a height of 400 feet, and was able to see what he thought was marijuana with his naked eye through some missing panels in the greenhouse’s ceiling. A warrant was issued based on these observations, with the subsequent search revealing marijuana growing in the greenhouse. Based on this evidence, the respondent was charged with marijuana possession. The trial court granted his motion to suppress the evidence, and the Florida Court of Appeals then reversed that decision. The Florida Supreme Court then reinstated the suppression order of the trial court and as a result, the State of Florida filed for and was granted certiorari.
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