In U.S. v. Emmon (10th Cir. 1994), Kansas police raided a house after receiving a tip that marijuana was being grown on its extensive wooded property, "Leading from the garage and trailer home into the woods, the agents observed 'very distinctive trails' alongside which they found clusters of up to 30 marijuana plant." Roger Emmons lived on but did not own the property. In a search of the house, agents "seized a hand-drawn map found in Roger's kitchen, which an agent testified at trail corresponded to the configuration of the marijuana patches" on the land. After Roger, and his brother, Daryl Emmons, were convicted of illegally growing marijuana, Roger appealed.

On appeal, "Roger... urges that the district court erred in admitting into evidence the hand-drawn sketch seized from Roger's kitchen during the July 9 search of his residence. That one-age drawing marks out 13 different locations identified by letters, each with a number as well... Roger contends that the alleged map should have been excluded as inadmissible hearsay."

Is he right?