LEO believed defendant was growing marijuana, and he along with seven other police officers went to his house at 7:45 a.m. The officer knocked and asked for permission to search, and defendant consented. The court found that based on the overwhelming police presence, the consent was not voluntary.
Held: The trial court’s decision is not an abuse of discretion, and suppression is affirmed.
LEO went to defendant’s house and knocked on the door, and states that he smelled marijuana when defendant opened the door. The officer entered and arrested defendant, a sweep found marijuana, and the officer then got a warrant to seize items from the house.
Held: There were no exigent circumstances that allowed the officer to enter the house, and the court properly suppressed the evidence..