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State v. Fisher

154 P.3d 455 (2007)

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State v. Fisher

Kansas Supreme Court

154 P.3d 455 (2007)

Facts

Police were informed that Gregory Fisher (defendant) was burning trash on his property and that the burning trash was releasing a strange odor. Detective Shane Jager visited the property to investigate. A barbed-wire fence enclosed the property. Fisher’s house stood 25 yards from the highway. A large barn stood about 60 yards behind the house. A smaller shed stood the same distance from the house. A garden sat between the barn and the shed. Several large trees surrounded the house. A driveway ran from the highway to behind the house. Jager smelled ether emanating from the property and suspected methamphetamine manufacture. Jager parked on the highway, peered through binoculars into Fisher’s backyard, and saw a burn barrel and plastic bag of yellow containers used in methamphetamine manufacture. Jager drove up the driveway, knocked on the door, and when no one answered, drove into the backyard and seized the bag. Testing confirmed that the bag contained materials used to make methamphetamine. Jager obtained a search warrant and found evidence of methamphetamine manufacture on the property. Police arrested Fisher. The state (plaintiff) charged Fisher. Fisher’s motion to suppress the evidence was denied. Fisher was convicted and appealed.

Rule of Law

Issue

Holding and Reasoning (Nuss, J.)

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