PEOPLE v. GALLOWAY

Docket No. 241804.

675 N.W.2d 883 (2003)

259 Mich. App. 634

PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Joel Arthur GALLOWAY, Defendant-Appellee.

Court of Appeals of Michigan.

Decided December 9, 2003, at 9:25 a.m.

Released for Publication February 19, 2004.


Attorney(s) appearing for the Case

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, James V. Young, Prosecuting Attorney, and Brenda S. Sanford, Chief Assistant Prosecutor, for the people.

Kimberly A. Tomczyk, Lexington, for the defendant.

Before: FORT HOOD, P.J., and MURPHY and NEFF, JJ.


NEFF, J.

In this search and seizure case, the people appeal by right an order of the trial court suppressing evidence obtained in conjunction with a "knock and talk" visit by the police to defendant's home. A drug enforcement team entered the backyard of defendant's home, where one of the officers saw marijuana growing in a lean-to attached to the back of the home. The dispositive issue is whether the knock and talk visit...

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