STATE v. PRIER


725 S.W.2d 667 (1987)

STATE of Tennessee, Appellee, v. Michael Steve PRIER, Appellant.

Supreme Court of Tennessee, at Nashville.

February 16, 1987.


Attorney(s) appearing for the Case

Rogers N. Hays, Jerry W. Wallace, Wade, Forrester, Hays & Wallace, Pulaski, for appellant.

W.J. Michael Cody, Atty. Gen. & Reporter David M. Himmelreich, Deputy Advocate General, Nashville, for appellee.


FONES, Justice.

The trial judge sustained defendant's motion to suppress the evidence, consisting of marijuana seized in a warrantless entry into defendant's premises at the direction of a Tennessee Highway Patrol helicopter pilot who observed three separate patches of plants near defendant's house. Defendant insisted that all of the plants were within the curtilage and the trial judge reluctantly agreed. The Court of Criminal Appeals, in a two-one decision, reversed...

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