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STATE v. ROLES

83-06-1311; CA A31545.

705 P.2d 227 (1985)

75 Or.App. 63

STATE of Oregon, Respondent, v. Glen Dell ROLES, Jr., Appellant.

Court of Appeals of Oregon.

Decided August 21, 1985.

Attorney(s) appearing for the Case

Ernest E. Estes, Deputy Public Defender, Salem, argued the cause for appellant. With him on brief was Gary D. Babcock, Public Defender, Salem.

Jeffrey Bennett, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Before RICHARDSON, P.J., and WARDEN and NEWMAN, JJ.

WARDEN, Judge.

Defendant appeals his conviction for manufacture of a controlled substance, ORS 475.992, assigning as error the denial of his motion to suppress marijuana plants as evidence.1 We agree and reverse and remand.

Acting on an anonymous tip that marijuana plants were growing on the roof of a residence, the Lebanon police drove by the house and saw plants about six inches high growing in containers on the roof. The officers...

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