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STATE v. WEAVER

No. C 78-02-01581; CA 11349.

598 P.2d 308 (1979)

41 Or.App. 201

STATE of Oregon, Appellant, v. Ronald Dale WEAVER, Respondent.

Court of Appeals of Oregon.

Decided July 30, 1979.

Attorney(s) appearing for the Case

Robert C. Cannon, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

John M. Parkhurst, Portland, argued the cause and filed the brief for respondent.

Before SCHWAB, C.J., THORNTON, BUTTLER and JOSEPH, JJ., and PETERSON, J. Pro Tem.

SCHWAB, Chief Judge.

Executing a warrant that specifically authorized a search for and seizure of cocaine at defendant's residence, police found no cocaine, but did find and seize about six pounds of marijuana. Defendant moved to suppress the marijuana on the ground, among others, that it was admissible under ORS 133.585, which provides:

"If in the course of the search the officer discovers things, not specified in the warrant, which he has probable cause...

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