MASTERS v. STATE

No. 83-489.

453 So.2d 183 (1984)

Robert MASTERS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

July 24, 1984.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Marti Rothenberg, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen. and Randi B. Klayman, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and HUBBART and NESBITT, JJ.


SCHWARTZ, Chief Judge.

While the defendant's marijuana patch was located but forty feet from the side of his home, since it did not lie within a common fence or enclosure and was manifestly used for commercial rather than for family or domestic purposes associated with a dwelling, it cannot be deemed to have been within the "curtilage" of the home. Care v. United States, 231 F.2d 22 (10th Cir.1956), cert. denied, 351 U.S. 932...

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