STATE v. ROYER

No. J81-2678; A25227.

682 P.2d 283 (1984)

68 Or.App. 478

STATE of Oregon, Appellant, v. Richard Edison ROYER, Respondent.

Court of Appeals of Oregon.

Decided June 6, 1984.


Attorney(s) appearing for the Case

Dave Frohnmayer, Atty. Gen., William F. Gary, Sol. Gen., and Stephen F. Peifer, Asst. Atty. Gen., Salem, filed the brief for appellant.

James McMillin, Roseburg, waived appearance for respondent.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.


BUTTLER, Presiding Judge.

The state appeals an order suppressing evidence seized following a search pursuant to a warrant authorizing the search of defendant's residence and adjacent outbuildings. The trial court held that the affidavit in support of the warrant was insufficient to authorize an extension of the search beyond the marijuana plants seen growing on defendant's premises.

The affidavit here is substantially...

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