United States v. Dennis Robert Freeman

Appellant, United States of America, appeals from an order of the district court suppressing the use in evidence against the defendant in any criminal proceedings of two marihuana plants which the defendant claimed had been wrongfully confiscated and seized.

This court’s jurisdiction to hear this interlocutory appeal is based upon 18 U.S.C. § 3731 and 28 U.S.C. § 1294 .

The evidence developed at the evidentiary hearing on the motion to suppress is not in dispute and may be summarized as follows:

The district court granted the motion to suppress on the ground that the location of the marihauna in relation to the defendant’s apartment was a constitutionally protected area which could not be invaded without a properly issued search warrant.

We disagree.

Harris v. United States, 390 U.S. 234, 236 , 88 S.Ct. 992 , 19 L.Ed.2d 1067 (1968).

Clearly, under the undisputed facts, the officer had a right to be in the position where he viewed the contraband in question. He arrived at such position for the legitimate purpose of verifying the information supplied by the informant. Access to the location was gained by means of unenclosed stairways obviously open for use by any person having…