State v. Urziceanu
Annotate this CaseMissoula County Sheriff’s Department (MCSD) deputies accompanied Christine Robutka to a rural property to assist with a civil standby while Robutka removed her belongings from the property. Robutka had been sharing a residence on the property with two men, including Defendant. While assisting with the civil standby, the deputies observed marijuana plants at the property. Robutka subsequently told detectives that Defendant was growing marijuana at the property. Thereafter, MCSD deputies obtained a warrant to search the property and executed the search, which resulted in the seizure of multiple adult marijuana plants. Defendant was charged with cultivating marijuana. Defendant moved to suppress the evidence gathered from the civil standby on the search. The district court denied the motion to suppress, and Defendant eventually pleaded guilty. The Supreme Court affirmed the denial of Defendant’s motion to suppress and his resulting conviction, holding that the deputies did not violate Defendant’s constitutional rights when they entered the driveway to conduct the civil standby, and the plain view observation of marijuana plants by MCSD deputies provided probable cause for the search warrant.
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