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SUPREME COURT OF LOUISIANA
No. 99-K-3056

STATE OF LOUISIANA Versus RANDALL J. SMITH

PER CURIAM* The State seeks review of the judgment of the court of appeal suppressing defendant's statements after his arrest, concluding that the police made an illegal entry into defendant's backyard to arrest him. The police had probable cause to search defendant's home and its curtilage because they observed from an airplane that marijuana was growing in defendant's yard. However, the police did not obtain a warrant to search the premises and to seize the marijuana. Moreover, the State did not present sufficient evidence for the trial court to determine from the record whether the backyard fell within the curtilage of defendant's home.1 Accordingly, defendant's arrest within the curtilage of his home without a warrant was illegal, and the statements made by defendant on the scene were properly suppressed by the court of appeal. See Payton v. New York, 445 U.S. 573 (1980). However, Payton requires suppression only of defendant's statements made on the

*

Marcus, J., not on panel.

Rule IV, Part 2,

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