TALLAHASSEE, Fla. (AP) — A Florida appeals court is throwing out convictions against two men because sheriff's deputies discovered pot plants by looking through a mobile home window.
The 1st District Court of Appeal ruled Wednesday that the Lafayette County Sheriff's Office conducted an unconstitutional search because deputies did not have a warrant at the time they looked through the window.
An anonymous tipster told the sheriff's office that Russell Powell and Benjamin Wilbourn had marijuana at their mobile home located in the mostly rural county in north Florida.
After seeing marijuana plants through a window a few feet from the front door, deputies called up a prosecutor who gave them permission to enter the home.
Deputies found 10 marijuana plants six to eight feet tall as well as pipes, lamps and a scale.