STATE OF OREGON v. LEVIN

92-CR-1206-FE; CA A78396.

866 P.2d 526 (1994)

126 Or. App. 263

STATE of Oregon, Appellant, v. Robert G. LEVIN, Respondent.

Court of Appeals of Oregon.

Decided February 2, 1994.


Attorney(s) appearing for the Case

Jonathan H. Fussner, Asst. Atty. Gen., argued the cause for appellant. With him on the brief were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen.

Mary Reese, Deputy Public Defender, argued the cause for respondent. With her on the brief was Sally L. Avera, Public Defender.

Before WARREN, P.J., and EDMONDS and LANDAU, JJ.


PER CURIAM.

Defendant is charged with four counts relating to growing marijuana. ORS 475.992; ORS 475.993. The trial court suppressed the evidence obtained as a result of a search, concluding that the affidavit supporting the search warrant did not demonstrate probable cause for the search.

On review of the affidavit, we disagree. The affidavit adequately sets out facts showing that there was probable cause to believe defendant maintained an ongoing operation...

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