Claeys

Defendant Cory C. Claeys pleaded guilty to cultivating marijuana and possessing marijuana for sale after the trial court denied his motion to suppress evidence and to quash the search warrant. His sentence was stayed pending this appeal. Defendant contends the police violated his Fourth Amendment rights by entering his neighbor’s yard without permission and observing the marijuana plants growing in his backyard by looking over an adjoining fence. We disagree and therefore affirm.

Facts

After the preliminary hearing, defendant moved to suppress evidence obtained as the result of the initial visual search of his property, and the trial court held an evidentiary hearing, which yielded the following facts.

Officer Balicki and another officer entered the property located directly behind defendant’s property to investigate an anonymous tip that defendant was growing marijuana in his backyard. They did not obtain permission from the property owner, John Burke, before entering his property. However, they encountered Burke as they were leaving and told him they were conducting a narcotics investigation.

The two properties are separated by a wooden fence standing less than six…