STATE v. JENSEN

No. 12134.

750 P.2d 932 (1988)

STATE of Hawaii, Plaintiff-Appellant, v. Elizabeth Ann JENSEN and Clayton F. Jensen, Defendants-Appellees.

Supreme Court of Hawaii.

March 2, 1988.


Attorney(s) appearing for the Case

Dwight K. Nadamoto, Deputy Atty. Gen., Honolulu, for appellant.

William H. Feldhacker, Kalaheo, Kauai, for Clayton F. Jensen.

Susan Barr, Deputy Public Defender (Sheldon Lee, Defender Extern, assisting on the brief), Honolulu, for Elizabeth Jensen.

Before LUM, C.J., and NAKAMURA, PADGETT, HAYASHI and WAKATSUKI, JJ.


PER CURIAM.

This appeal challenges the grant of a motion to suppress evidence seized pursuant to a search warrant. The lower court concluded that observations by the police of marijuana plants growing in the Defendants' backyard from a neighbor's yard through small gaps in a wooden fence were an unreasonable intrusion into an area in which the Defendants exhibited a reasonable expectation of privacy. We reverse.

I.

In July of 1986, Regina Jimenez...

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