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PEOPLE v. HOPKO

Docket No. 30589.

79 Mich. App. 611 (1977)

262 N.W.2d 877

PEOPLE v. HOPKO

Michigan Court of Appeals.

Decided November 21, 1977.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Peter D. Houk, Prosecuting Attorney, Lee W. Atkinson, Chief Appellate Attorney, and Howard J. Soifer, Assistant Prosecuting Attorney, for the people.

Sisk & Robson, P.C., for defendant.

Before: DANHOF, C.J., and ALLEN and H.L. HEADING, JJ.

ALLEN, J.

This appeal raises the basic issue of whether the constitutional protection1 against unreasonable searches and seizures requires suppression of evidence clearly visible in a backyard garden area where an investigative officer, without first obtaining a warrant, seizes 54 plants of growing marijuana. Defendant was charged with manufacturing marijuana in violation of MCLA 335.341(1)(c); MSA 18.1070(41)(1)(c). Following denial of...

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