UNITED STATES v. WYNN

No. 75-4158.

544 F.2d 786 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Mark Francis WYNN, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 3, 1977.


Attorney(s) appearing for the Case

Robert Edward Carrigan, Decatur, Ga. (Court appointed), Robert A. Harper, Jr., Gainesville, Fla., for defendant-appellant.

Nicholas P. Geeker, U. S. Atty., Stewart J. Carrouth, Clifford L. Davis, Asst. U. S. Attys., Tallahassee, Fla., for plaintiff-appellee.

Before GOLDBERG, SIMPSON and GEE, Circuit Judges.


SIMPSON, Circuit Judge:

In response to a citizen's report that marijuana plants were being grown in an open field under some power lines in Hawthorne, Alachua County, Florida, a county law enforcement officer went to the area to investigate. He found 40 to 50 marijuana plants growing approximately 100 yards from an occupied house. He reported his find and went out the next day with another officer to pull the plants up.

While the officers were gathering the...

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