Step Three: Using the search or searches you provided in Step Two above, locate

Question

Step Three: Using the search or searches you provided in Step Two above, locate relevant secondary authority from AmJur, CJS, or ALR regarding those issues, thoroughly review the first 5 results returned, and provide the following information:

1. Did any of your first 5 results pertain to the issues you identified?

    A. If yes, please provide the citation to the article or annotation

    B. If not, please modify your search until your results are more directly on point; provide your amended search and repeat the steps above.

Flora Findley loves plants. She developed an interest in hydroponics and hybridizing plants and began growing plants under full-spectrum sunlight lamps in her home. She also has a teenaged son who also expressed interest in growing plants. She was pleased that she and her son could share an interest. One day, a police officer investigating a burglary next door, came to Flora’s home to ask if she had seen anything. He noticed all of the plants growing under the lamps, and quickly began inspecting them. He found a small plant that he thought was marijuana, and promptly arrested Flora. Flora was convicted for possession, but insisted that the search of her home was unwarranted. She wants to appeal the decision.

Explanation / Answer

Although the search warrant was not solicited for her garden and home, the police officer arrested Flora under his obligation to perform as a law enforcement officer. Any law enforcement officer is under moral and professional duty to check for any unlawful conduct that includes possession of contraband items like Marijuana. Thus, Flora can appeal but the law is on the side of the officer as he did his duty and brought the culprit to the law.

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