MARIJUANA CULTIVATION THROWN OUT AS AN ILLEGAL SEARCH:
When police responding to a domestic violence call made a warrantless “protective sweep” of the house, they discovered marijuana being cultivated. Based on the initial observation they then obtained a search warrant. Kirk McAllister brought a motion to suppress the evidence of cultivation as the result of a violation of the Fourth Amendment.
The trial court judge ruled against him, but on appeal the court held that McAllister’s position was correct and suppressed all the evidence as the result of an illegal search. (People v. Kiryakoz, Superior Court Number 1093389, Appellate Number F054463 filed February 19, 2009, unpublished)