Michael Cayer appeals from his conviction of unlawful trafficking in marijuana, in violation of 17-A M.R.S.A. § 1103 (1983 & Supp.1991), entered in the Superior Court (Aroostook County, Pierson, J.). 1 Cayer alleges that his fourth amendment rights were violated by the use of evidence obtained as a result of an unreasonable search of an area within the curtilage to his home. Cayer’s motion to suppress was denied after a hearing in the Superior Court. We affirm the judgment of the Superior Court.
As a result of this information, Espling proceeded to Van Burén where Espling met with B.I.D.E. agent Barry Estabrook. The two then drove to Parent Road where they observed the trailer and a vehicle parked in the driveway. A check of the vehicle’s license plate number revealed that the vehicle belonged to Cayer.
While walking along the railroad tracks, Espling and Estabrook observed a yellow van parked in a wooded area about 600 to 700 feet from the Parent Road. Approximately 426 feet from the trailer, Espling and Estabrook saw approximately 100 marijuana plants set alongside the van. After photographing the plants, Espling moved to a position approximately 60 feet from the yellow van, where Espling observed Cayer working with the plants. Espling then arrested Cayer.
On appeal, Cayer contends that because the area searched was within the curtilage of his residence, the warrantless entry by law enforcement officials constituted an unreasonable search and seizure in violation of both the Maine and United States Constitutions.
The right of all persons to be protected from unreasonable searches and seizures is guaranteed by the fourth amendment of the United States Constitution. “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated_” U.S. Const, amend IV.
2
The United States Supreme Court, in
Oliver v. United States,
We have previously stated that the reach of the curtilage of a home depends on the facts of each case.
See State v. Wing,
Cayer cannot claim a “constitutionally protected reasonable expectation of privacy” in the area searched.
See Oliver v. United States,
The entry is:
Judgment affirmed.
All concurring.
Notes
. Cayer entered a conditional plea of guilty to his indictment pursuant to M.R.Crim.P. 11(a)(2).
. The Maine Constitution similarly provides that “The people shall be secure in their persons, houses, papers and possessions from all unreasonable searches and seizures_” Me. Const. art. I, § 5.
