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Criminal Procedure Keyed to Miller
State v. Gregory Fisher
Citation:
154 P.3d 455 (Kan. 2007)Facts
The Sheriff’s Department received a tip from concerned citizens that numerous cars were stopping at a property belonging to Fisher (defendant), boxes were being delivered, and a strong odor was emanating from trash being burned there. A detective, sergeant, and deputy went to observe the property and smelled ether, which the detective associated with the manufacture of methamphetamine. The detective also noticed a white translucent trash bag and used binoculars to see that the bag contained yellow containers typically used to manufacture methamphetamine. The detective drove onto the driveway and knocked on the front door to talk to Fisher. When no one answered, the detective continued on the driveway to the back of the residence and collected the trash bag. Based on an examination of the trash bag, the detective obtained a warrant to search Fisher’s property.
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