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STATE v. DALEGOWSKI

83-1356-C; CA A33049.

734 P.2d 357 (1987)

84 Or. App. 372

STATE of Oregon, Respondent, v. Stanley Frank DALEGOWSKI, Appellant.

Court of Appeals of Oregon.

Decided March 18, 1987.

Reconsideration Denied May 15, 1987.

Attorney(s) appearing for the Case

Michael Henderson, Grants Pass, argued the cause and filed the brief for appellant.

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

Robert C. Homan, Eugene, filed a brief amicus curiae for American Civil Liberties Union Foundation of Oregon, Inc.

Before BUTTLER, P.J., and JOSEPH, C.J., and ROSSMAN, J.

BUTTLER, Presiding Judge.

Defendant appeals his conviction for manufacture of a controlled substance, marijuana, assigning error to the trial court's denial of two motions to suppress evidence obtained as a result of a warrantless general aerial search.1 We affirm.

A Josephine County sheriff's department officer was flying above the FAA minimum altitude of 500 feet when he observed marijuana plants approximately 800 feet from the...

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