United States v. Elmer Curtis Turbyfill, 525 F.2d 57 (8th Cir. 1975). · Go Syfert
United States v. Elmer Curtis Turbyfill, 525 F.2d 57 (8th Cir. 1975). Cases Citing This Book View Copy Cite
“an invitation or consent to enter a house may be implied as well as expressed. there was no error in the determination of the district court that the action of church in the opening of the door and stepping back constituted an implied invitation to enter.”
78 citation events (46 in the last 25 years) across 32 distinct courts.
Strongest positive: State v. Daino (kan, 2020-11-13)
Treatment trajectory · 1976 → 2026 · click a year to view as-of
1976 2001 2026
Top citers, strongest first. 39 distinct citers.
examined Cited as authority (verbatim quote) State v. Daino
Kan. · 2020 · quote attribution · 1 verbatim quote · confidence high
an invitation or consent to enter a house may be implied as well as expressed. there was no error in the determination of the district court that the action of church in the opening of the door and stepping back constituted an implied invitation to enter.
discussed Cited as authority (verbatim quote) United States v. Joshua Rodriguez
8th Cir. · 2016 · quote attribution · 1 verbatim quote · confidence high
he action of in the opening of the door and stepping back constituted an implied invitation to enter.
discussed Cited as authority (verbatim quote) United States v. Michael Wagner, United States of America v. Robert S. Wagner A/K/A John Robert Wagner (2×) also: Cited "see"
8th Cir. · 1989 · signal: see · quote attribution · 1 verbatim quote · confidence high
action of in the opening of the door and stepping back constituted an implied invitation to enter
discussed Cited as authority (rule) Darrell Leonardo Alexander v. The State of Wyoming
Wyo. · 2023 · confidence medium
See White, 508 F. App’x at 841 ; Faler, 832 F.3d at 853 ; United States v. Smith, 973 F.2d 1374, 1376 (8th Cir. 1992) (finding consent when the defendant’s wife stepped aside and motioned for officers to enter); United States v. Turbyfill, 525 F.2d 57, 59 (8th Cir. 1975) (finding an implied invitation to enter when a third party opened the door and stepped back).
discussed Cited as authority (rule) United States v. Morrison
5th Cir. · 2021 · confidence medium
See Lewis, 476 F.3d at 381 (finding consent where an occupant motioned to the officers to come inside a hotel room while the occupant looked for identification); see also Griffin, 530 F.2d at 742–43 (finding consent where the defendant stepped back into the apartment and left the door partially open); United States v. Turbyfill, 525 F.2d 57, 59 (8th Cir. 1975) (finding implied consent where an occupant of the house opened the door and stepped back to let the officers enter); United States v. Smith, 155 F. App’x 747, 750 (5th Cir. 2005) (“[T]he district court did not err in concluding tha…
discussed Cited as authority (rule) State of Iowa v. Deborah Boley
Iowa Ct. App. · 2020 · confidence medium
State v. Reinier, 628 N.W.2d 460, 467 (Iowa 2001); see also United States v. Griffin, 530 F.2d 739, 742 (7th Cir.1976) (leaving a door open and stepping back can be an invitation for officers to enter); United States v. Turbyfill, 525 F.2d 57, 59 (8th Cr.1975) (opening door and stepping back constituted implied invitation to enter).
cited Cited as authority (rule) State v. Christian Allis
Vt. · 2017 · confidence medium
See Stevens, 2004 VT 23, ¶ 11 ; United States v. Turbyfill, 525 F.2d 57, 59 (8th Cir. 1975) (“An invitation or consent to enter a house may be implied as well as expressed.
discussed Cited as authority (rule) United States v. James Faler
8th Cir. · 2016 · confidence medium
See United States v. Smith, 973 F.2d 1374, 1376 (8th Cir. 1992) (implying consent when the defendant’s wife stepped aside and motioned for officers to enter); United States v. Turbyfill, 525 F.2d 57, 59 (8th Cir. 1975) (implying consent when the defendant’s wife opened the door and stepped back to let officers enter); see also United States v. Ramirez-Chilel, 289 F.3d 744, 752 (11th Cir. 2002) (implicit consent to enter trailer found based on testimony that the defendant’s body language indicated that he yielded the right of way to the officers).
discussed Cited as authority (rule) State v. Kenneth M. Sobczak (2×)
Wis. · 2013 · confidence medium
Ind. 2007); and occupants under certain circumstances, United States v. Turbyfill, 525 F.2d 57, 58-59 (8th Cir. 1975) (an "occupant of indefinite duration rather than a casual visitor" who "had the run of the house" could consent to a search of the residence).
discussed Cited as authority (rule) Commonwealth v. PORTER P. (2×)
Mass. · 2010 · confidence medium
Therefore, an overnight houseguest would lack the authority to consent, unless his or her stay is substantial in its duration, and he or she is given "the run of the house." United States v. Turbyfill, 525 F.2d 57, 58-59 (8th Cir. 1975) (houseguest who had been staying for several weeks and was "occupant of indefinite duration" who "had the run of the house" could consent to police search).
discussed Cited as authority (rule) United States v. Michael Jones
8th Cir. · 2009 · confidence medium
See United States v. Cantrell, 530 F.3d 684, 690 (8th Cir. 2008) (holding post-arrest protective sweep permissible where supported by a reasonable articulable suspicion); United States v. Turbyfill, 525 F.2d 57, 59 (8th Cir. 1975) (holding police may lawfully seize evidence in plain view where police are lawfully in the position from which contraband was seen).
discussed Cited as authority (rule) United States v. Jones
8th Cir. · 2009 · confidence medium
See United States v. Cantrell, 530 F.3d 684, 690 (8th Cir.2008) (holding post-arrest protective sweep permissible where supported by a reasonable articulable suspicion); United States v. Turbyfill, 525 F.2d 57, 59 (8th Cir.1975) (holding police may lawfully seize evidence in plain view where police are lawfully in the position from which contraband was seen).
cited Cited as authority (rule) United States v. Jose Castellanos
8th Cir. · 2008 · confidence medium
See United States v. Willie, 462 F.3d 892, 895-96 (8th Cir. 2006); United States v. Gipp, 147 F.3d 680, 684, 686 (8th Cir. 1998); United States v. Turbyfill, 525 F.2d 57, 58-9 (8th Cir. 1975).
cited Cited as authority (rule) United States v. Castellanos
8th Cir. · 2008 · confidence medium
See United States v. Willie, 462 F.3d 892, 895-96 (8th Cir.2006); United States v. Gipp, 147 F.3d 680, 684, 686 (8th Cir.1998); United States v. Turbyfill, 525 F.2d 57, 58-9 (8th Cir.1975).
discussed Cited as authority (rule) United States v. Matthew Varner
8th Cir. · 2007 · confidence medium
See United States v. Esquivias, 416 F.3d 696, 703 (8th Cir.2005) (consent to entry into room led to plain view of narcotics); United States v. Brooks, 2 F.3d 838, 842 (8th Cir.1993) (“Although the Fourth Amendment generally prohibits the warrantless entry of a person’s home ... the prohibition does not apply when voluntary consent has been obtained”); United States v. Turbyfill, 525 F.2d 57, 59 (8th Cir.1975) (after consent to enter the house, officers were justified in seizing drugs in plain view).
discussed Cited as authority (rule) United States v. Matthew Varner
8th Cir. · 2007 · confidence medium
See United States v. Esquivias, 416 F.3d 696, 703 (8th Cir. 2005) (consent to entry into room led to plain view of narcotics); United States v. Brooks, 2 F.3d 838, 842 (8th Cir. 1993) ("Although the Fourth Amendment generally prohibits the warrantless entry of a person's home . . . the prohibition does not apply when voluntary consent has been obtained"); United States v. Turbyfill, 525 F.2d 57, 59 (8th Cir. 1975) (after consent to enter the house, officers were justified in seizing drugs in plain view).
discussed Cited as authority (rule) United States v. Todd John Lakoskey
8th Cir. · 2006 · confidence medium
See United States v. Smith, 973 F.2d 1374, 1376 (8th Cir. 1992) (implying consent when the defendant's wife stepped aside and motioned for officers to enter); United States v. Turbyfill, 525 F.2d 57, 59 (8th Cir. 1975) (implying consent when the defendant's wife opened the door and stepped back to let officers enter); United States v. Curnett, 123 Fed.
discussed Cited as authority (rule) United States v. Todd John Lakoskey, United States of America v. Thomas James Lakoskey
8th Cir. · 2006 · confidence medium
See United States v. Smith, 973 F.2d 1374, 1376 (8th Cir.1992) (implying consent when the defendant’s wife stepped aside and motioned for officers to enter); United States v. Turbyfill, 525 F.2d 57, 59 (8th Cir.1975) (implying consent when the defendant’s wife opened the door and stepped back to let officers enter); United States v. Curnett, 123 Fed.Appx. 733 (8th Cir.2005) (implying consent to enter home when defendant pushed open the screen door for police and asked “What’s the matter?”).
cited Cited as authority (rule) Hill v. State
Mo. Ct. App. · 2006 · confidence medium
United States v. Turbyfill, 525 F.2d 57, 59 (8th Cir.1975)(quoting United *619 States v. Matlock, 415 U.S. 164, 170 , 94 S.Ct. 988 , 39 L.Ed.2d 242 (1974)).
discussed Cited as authority (rule) United States v. Gregory C. Curnett
8th Cir. · 2005 · confidence medium
United States v. Turbyfill, 525 F.2d 57, 59 (8th Cir.1975) (finding implied consent where the resident opened the interior door and stepped back, allowing officers to open the outer screen door and enter); see also United States v. Smith, 973 F.2d 1374, 1376 (8th Cir.1992) (finding consent by a resident who stepped aside and motioned officers in, even though the officers had previously drawn their weapons).
discussed Cited as authority (rule) State v. Stevens
Vt. · 2004 · confidence medium
See Harris v. Car-bonneau, 165 Vt. 433, 437 , 685 A.2d 296, 299 (1996); see also United States v. Gordon, 173 F.3d 761, 766 (10th Cir. 1999) (“Non-verbal conduct, considered with other factors, can constitute voluntary consent to search.”); United States v. Turbyfill, 525 F.2d 57, 59 (8th Cir. 1975) (consent to enter dwelling implied from acts of opening door and stepping back); State v. Copeland, No. 01-1864, 2003 WL 553996 , at *3 (Iowa Ct. App. 2003) (“Consent does not necessarily have to be given verbally but may be found in gestures and non-verbal conduct as well.”).
discussed Cited as authority (rule) State v. Flippo
W. Va. · 2002 · confidence medium
See also United States v. Wesela, 223 F.3d 656, 661 (7th Cir.2000) (“The district court reasonably concluded that Mrs. Wesela at the very least implicitly consented to the search.”); United States v. Gordon, 173 F.3d 761, 766 (10th Cir.1999) (“Non-verbal conduct, considered with other factors, can constitute voluntary consent to search.”); United States v. Gilbert, 774 F.2d 962, 964 (9th Cir.1985) (“Appellant’s request that the officers obtain her clothing necessarily implied consent to enter the bedroom in which she said the clothing was located.”); United States v. Buettner-Jan…
discussed Cited as authority (rule) Harolyn Pavao, as Special Administratrix of the Estate of Jon Webster Pavao v. John Pagay County of Hawaii
9th Cir. · 2002 · confidence medium
Especially in light of the other factors surrounding Officer Pagay’s arrival on the scene, this conduct could reasonably have led Officer Pagay to believe that he “had permission to step across the threshold into [the] residence.” Id.; see also Robbins, 364 F.2d at 48 (holding that “[w]hen a householder, knowing the identity and purpose of his caller, opens his door and turns back inside, he expresses by his actions as adequate a consent to entry as he would by a verbal invitation”); United States v. Turbyfill, 525 F.2d 57, 58 (8th Cir.1975) (holding that “[t]here was no error in t…
discussed Cited as authority (rule) Holmes v. State
Ark. Ct. App. · 2001 · confidence medium
There was no error in the determination of the district court that the action of Church in the opening of the door and stepping back constituted an implied invitation to enter. 525 F.2d at 59 (citations omitted).
examined Cited as authority (rule) State v. Reinier (4×)
Iowa · 2001 · confidence medium
Id.; United States v. Griffin, 530 F.2d 739, 742 (7th Cir.1976); see United States v. Donlon, 909 F.2d 650, 655 (1st Cir.1990), overruled on other grounds by Idaho v. Wright, 497 U.S. 805 , 110 S.Ct. 8139 , 111 L.Ed.2d 638 (1990); United States v. Turbyfill, 525 F.2d 57, 59 (8th Cir.1975); People v. James, 19 Cal.3d 99 , 137 Cal.Rptr. 447 , 561 P.2d 1135, 1138-39 (1977); State v. Dawson, 233 Mont. 345 , 761 P.2d 352, 356-57 (1988).
discussed Cited as authority (rule) Turner v. State
Md. Ct. Spec. App. · 2000 · confidence medium
See also United States v. Gonzalez, 71 F.3d 819, 829 (11th Cir.1996)(homeowner’s failure to bar “follow-on” entry of police into her residence did not constitute implied consent to enter); compare United States v. Rosi, 27 F.3d 409, 411 (9th Cir.1994)(holding defendant who was in custody following lawful arrest and who asked permission to change his clothes and gave police a key to his condominium consented to their entry into his condominium); United States v. Garcia, 997 F.2d 1273, 1281 (9th Cir.1993)(concluding that officers’ request to talk to defendant, combined with defendant’s…
discussed Cited as authority (rule) United States v. Gray
D. Kan. · 1999 · confidence medium
See United States v. Garcia, 997 F.2d 1273, 1281 (9th Cir.1993) (concluding that officers’ request to talk, combined with Garcia’s affirmative response and step back clearing way for officers’ entry sufficient to infer consent); United States v. Turbyfill, 525 F.2d 57, 59 (8th Cir.1975) (action of individual in opening door and stepping back constituted implied invitation to enter).
cited Cited as authority (rule) United States v. Shabazz
D. Minnesota · 1995 · confidence medium
“An invitation or consent to enter a house may be implied as well as expressed.” United States v. Turbyfill, 525 F.2d 57, 59 (8th Cir.1975).
examined Cited as authority (rule) Oliver v. United States (6×) also: Cited "see, e.g."
D.C. · 1995 · confidence medium
Instead, Detective Jenkins' conclusion that Mr. Oliver "admitted" the officers into the foyer was based solely on the fact that Mr. Oliver had stepped back from the door and had not objected once the officers had come inside. *1182 Certainly, "consent to enter a house may be implied as well as expressed." Terrell v. United States, 361 A.2d 207, 210 (D.C.), cert. denied, 429 U.S. 984 , 97 S.Ct. 501 , 50 L.Ed.2d 594 (1976) (quoting United States v. Turbyfill, 525 F.2d 57, 59 (8th Cir.1975)).
discussed Cited as authority (rule) Pueblo v. Narváez Cruz
prsupreme · 1988 · confidence medium
Por otra parte, y a manera de ilustración, se ha estimado suficiente por otros tribunales el consentimiento prestado, entre otros casos, por un visitante que es más que un visi-tante ocasional y que “estaba a cargo de la residencia”, United States v. Turbyfill, 525 F.2d 57, 58-59 (8vo Cir. 1975); cuando la persona es hija de los dueños de la residencia y está a cargo de la misma durante la ausencia temporera de sus padres, Garr v. Commonwealth, 463 S.W.2d 109 (Ky. Ct. App. 1971); cuando el dueño de la propiedad deja a la persona a cargo de la misma durante su ausencia, aun cuando no h…
cited Cited as authority (rule) United States v. Fish
usafctmilrev · 1987 · confidence medium
United States v. Turbyfill, 525 F.2d 57, 58-59 (8th Cir.1975).
discussed Cited as authority (rule) Terrell v. United States
D.C. · 1976 · confidence medium
As such, under the guidelines established . . ., that determination must remain untouched on appeal unless it is “clearly erroneous.” . . . [Id. at 16, 473 F.2d at 146 (citations omitted).] Under circumstances similar to the case at hand, the court in United States v. Turbyfill, 525 F.2d 57, 59 (8th Cir.1975), held as follows: An invitation or consent to enter a house may be implied as well as expressed.
cited Cited "see" United States v. Greer
8th Cir. · 2010 · signal: see · confidence high
See United States v. Turbyfill, 525 F.2d 57, 59 (8th Cir.1975).
cited Cited "see" In re M.H.
Oh. Ct. Com. Pl., Medina · 2003 · signal: see · confidence high
See United States v. Turbyfill (C.A.8, 1975), 525 F.2d 57, 59 .
cited Cited "see" State v. Harris, Unpublished Decision (5-16-2003)
Ohio Ct. App. · 2003 · signal: see · confidence high
See United States v. Turbyfill (8th Cir. 1975), 525 F.2d 57 , 59 (`opening of the door and stepping back constituted an implied invitation to enter').
discussed Cited "see" United States v. Ward
usarmymilrev · 1982 · signal: see · confidence high
See United States v. Turbyfill, 525 F.2d 57 (8th Cir. 1975), in which it was held there was no error in the determination that when one opened the door and stepped back there was an implied invitation to enter. .
discussed Cited "see, e.g." State v. McColl
Conn. App. Ct. · 2003 · signal: see also · confidence medium
Id., 134-35 ; see also United States v. Turbyfill, 525 F.2d 57, 59 (8th Cir. 1975) (consent found where officers rang doorbell, defendant answered by opening inside door, officers identified selves, defendant stepped back allowing officers to open screen door, enter).
cited Cited "see, e.g." State v. Shurter
Neb. · 1991 · signal: see, e.g. · confidence low
See, e.g., United States v. Turbyfill, 525 F.2d 57 (8th Cir. 1975); U.S. v. Breland, 715 F. Supp. 7 (D.D.C. 1989), aff’d 918 F.2d 225 (D.C.
discussed Cited "see, e.g." United States v. Sylvester Young, Jr.
8th Cir. · 1977 · signal: see also · confidence medium
See also United States v. Turbyfill, 525 F.2d 57, 59 (8th Cir. 1975); United States v. Hobson, 519 F.2d 765, 776 (9th Cir.), cert. denied, 423 U.S. 931 , 96 S.Ct. 283 , 46 L.Ed.2d 261 (1975); United States v. Blake, 484 F.2d 50, 54 (8th Cir. 1973), cert. denied, 417 U.S. 949 , 94 S.Ct. 3076 , 41 L.Ed.2d 669 (1974); United States v. Estese, 479 F.2d 1273, 1274 (6th Cir. 1973).
UNITED STATES of America, Appellee,
v.
Elmer Curtis TURBYFILL, Appellant
74-1749.
Court of Appeals for the Eighth Circuit.
Oct 29, 1975.
525 F.2d 57
Lewis E. Pierce, Kansas City, Mo., for appellant., J. Whitfield Moody and Anthony P. Nugent, Jr., Asst. U. S. Attys., Kansas City, Mo., for appellee.
Van Oosterhout, Jones, Henley.
Cited by 62 opinions  |  Published
JONES, Senior Circuit Judge.

The appellant, Elmer C. Turbyfill, was the sole tenant of a residence in Independence, Missouri. On September 6, 1972, Sergeant A1 Hamon and Detective Bill Pollard, of the Independence Police Department, went to the residence at the request of United States Secret Service officers to question Turbyfill about a counterfeiting operation. The officers rang the doorbell and Billy Joe Church answered. The officers identified themselves, and Church opened the inside door a few feet and stepped back. The officers opened the unlocked screen door and entered the house. They smelled a strong odor of marihuana and saw an open shoe box containing marihuana on a table. As Officer Pollard was asking Church about Turbyfill’s whereabouts, a noise came from the basement. Officer Hamon went to investigate. In the basement he discovered Turbyfill and found in plain view a large quantity of marihuana in eleven plastic bags and two pillow cases. There was also a quantity of marihuana in a clothes dryer. Turbyfill and Church were arrested.

After arraignment on a marihuana charge, Turbyfill filed a motion to suppress the marihuana on the ground that it had been obtained by an unlawful search and seizure. The grand jury thereafter returned an indictment charging Turbyfill with possessing marihuana with intent to manufacture, distribute or dispense in violation of 21 U.S.C.A. § 841(a)(1). At a hearing on the motion to suppress, the government produced the two police officers as witnesses. Turbyfill relied upon the testimony of Billy Joe Church, which was in conflict with that of the officers. The district court denied the motion. United States v. Turbyfill, 373 F.Supp. 1372 (1974).

The district court determined that the presence of Officers Hamon and Pollard at Turbyfill’s residence was lawful; that Church impliedly invited the officers to enter; that the entry was not unlawful; that a strong odor of marihuana permeated the house; that the officers were properly in the place from which they saw the shoe box of marihuana; that Officer Hamon was authorized to go to the basement where Turbyfill was found with the stash of marihuana; and that the seizure of marihuana was justified.

At a trial without a jury it was agreed that the only question was the legality of the seizure of the marihuana. The case was submitted on the evidence heard on the motion to suppress supplemented by pictures of the interior and exterior of the house. The court made an adjudication of guilt and imposed sentence. Turbyfill has appealed. Before this court he asserts that it was error to deny the motion to suppress.

At the outset the question is presented as to whether Church was authorized to permit or invite the officers into the house. There was evidence before the district court which showed that Church had been staying in the house for several weeks and had the run of the[*59] house. He was an occupant of indefinite duration rather than a casual visitor. In a recent case the Supreme Court has said, “When the prosecution seeks to justify a warrantless search by proof of voluntary consent it is not limited to proof that consent was given by the defendant, but may show that permission to search was obtained from a third party who possessed common authority over or other sufficient relationship to the premises or effects sought to be inspected.” United States v. Matlock, 415 U.S. 164, 94 S.Ct. 988, 39 L.Ed.2d 242. In a footnote the Court explained:

Common authority is, of course, not to be implied from the mere property interest a third party has in the property. The authority which justifies the third-party consent does not rest upon the law of property, with its attendant historical and legal refinements * * * but rests rather on mutual use of the property by persons generally having joint access or control for most purposes, so that it is reasonable to recognize that any of the co-inhabitants has the right to permit the inspection in his own right and that the others have assumed the risk that one of their number might permit the common area to be searched. [415 U.S. 164, 171 n. 7, 94 S.Ct. 988, 993, 39 L.Ed.2d 242]

Church was authorized, under the principles stated by the Supreme Court, to allow others to enter the premises.

Turbyfill says, however, that even if Church had authority to permit others to enter the dwelling, nothing done by Church was an invitation to the officers to enter the house and thus be in a position to see the marihuana which was first observed. An invitation or consent to enter a house may be implied as well as expressed. There was no error in the determination of the district court that the action of Church in the opening of the door and stepping back constituted an implied invitation to enter. Friedman v. United States, 381 F.2d 155 (8th Cir. 1967); People v. Sproul, 3 Cal.App.3d 154, 83 Cal.Rptr. 55.

The entry of the officers was lawful. Once in the house they were justified in seizing the marihuana which was in plain view in the shoe box on the table. The Supreme Court has succinctly stated the plain view doctrine: “It has long been settled that objects falling in the plain view of an officer who has a right to be in the position to have that view are subject to seizure and may be introduced in evidence.” Harris v. United States, 390 U.S. 234, 88 S.Ct. 992, 19 L.Ed.2d 1067.

The officers had the right to be in the position from- which the marihuana was seen and the discovery of the marihuana was inadvertent. The seizure was proper. Coolidge v. New Hampshire, 403 U.S. 443, 91 S.Ct. 2022, 29 L.Ed.2d 564; United States v. Blake, 484 F.2d 50 (8th Cir. 1973), cert. denied, 417 U.S. 949, 94 S.Ct. 3076, 41 L.Ed.2d 669.

The seizure of the marihuana in the basement was also justified. The officers had a right to conduct a quick and cursory viewing of the residence. United States v. Clemons, 503 F.2d 486 (8th Cir. 1974); United States v. Blake, supra; United States v. Briddle, 436 F.2d 4 (8th Cir. 1970), cert. denied, 401 U.S. 921, 91 S.Ct. 910, 27 L.Ed.2d 824. In the Blake and Briddle cases the officers arrested an individual and then conducted a check. In this case no one was under arrest when Officer Hamon proceeded to the basement. However, this distinction is not significant. Officers Pollard and Hamon, when they observed the marihuana on the table and smelled the strong odor, had probable cause to believe that a crime was being committed in their presence and that Church might have been the person committing it. There is no reason in such a situation for requiring police officers to formally arrest a suspect before checking the premises for other persons. Once in the basement, Officer Hamon observed the large quantity of marihuana in plain view. As this court stated in United States v. Briddle, supra: “The policy reasons that support the application of an exclusionary rule as to evidence[*60] obtained in violation of fourth amendment rights by an illegal search and seizure are not present where the evidence is obtained without any search by being observed in plain view by an officer who concededly had a right to be where the observation occurred.” As in United States v. Blake, supra, the seizure did not violate the limitations of the plain view doctrine. This was not a general exploratory search.

The seizure of the marihuana was proper. The trial court did not err in denying the motion to suppress. The judgment of the district court is affirmed.