STATE v. WARNESS

No. 1 CA-CR 1360.

26 Ariz. App. 359 (1976)

548 P.2d 853

STATE of Arizona, Appellee, v. Jack James WARNESS, Appellant.

Court of Appeals of Arizona, Division 1, Department B.

April 22, 1976.


Attorney(s) appearing for the Case

Bruce E. Babbitt, Atty. Gen. by William J. Schafer, III, Chief Counsel, Crim. Div., Thomas A. Jacobs, Asst. Atty. Gen., Phoenix, for appellee.

Ross P. Lee, Maricopa County Public Defender by Joel M. Glynn, Deputy Public Defender, Phoenix, for appellant.


OPINION

SCHROEDER, Judge.

This appeal from a conviction and $100 fine for possession of marijuana requires us to determine whether the trial court properly applied the "plain view" doctrine in holding that the evidence of contraband was not the product of an unlawful search or seizure. We hold that in the circumstances of this case, where the police officers were lawfully on the premises of the appellant, inadvertently discovered the contraband while it was...

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