STATE v. ANSPACH

CA A25219; SC S30815.

692 P.2d 602 (1984)

298 Or. 375

STATE of Oregon, Petitioner On Review, v. Sally ANSPACH, Respondent On Review. State of Oregon, Petitioner On Review, v. Matthew J. Anspach, Respondent On Review.

Supreme Court of Oregon, In Banc.

Decided December 27, 1984.


Attorney(s) appearing for the Case

Stephen F. Peifer, Asst. Atty. Gen., Salem, argued the cause, for petitioner on review. With him on the briefs were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

David E. Groom, Deputy Public Defender, Salem, argued the cause, for respondents on review. With him on the brief was Gary D. Babcock, Public Defender, Salem.


ROBERTS, Justice.

The question is whether the affidavit in support of an application for a search warrant set forth facts sufficient to establish probable cause to search defendants' home. Both the trial court and the Court of Appeals held that it did not and suppressed the evidence. We reverse.

The affidavit recited the following facts: Police officers identified growing marijuana during an aerial surveillance. The marijuana was growing on a privately owned...

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