STATE v. LYNCH

C93-12-38211; CA A84730.

900 P.2d 1042 (1995)

135 Or. App. 528

STATE of Oregon, Appellant, v. Gordon Paul LYNCH, Respondent.

Court of Appeals of Oregon.

Decided July 19, 1995.


Attorney(s) appearing for the Case

Timothy A. Sylwester, Asst. Atty. Gen., argued the cause, for respondent. With him on the brief were Theodore R. Kulongoski, Atty. Gen., Virginia L. Linder, Sol. Gen., and Janet A. Klapstein, Asst. Atty. Gen.

Cynthia I. Mohiuddin, Portland, argued the cause, for respondent. With her on the brief was Gary M. Carlson and Associates.

Before RIGGS, P.J., and LANDAU and LEESON, JJ.


LEESON, Judge.

The state appeals from a pretrial order granting defendant's motion to suppress evidence of a marijuana grow operation discovered when the police searched his home during an investigation of a suspected burglary. The issue is whether the officers were justified by probable cause and exigent circumstances in opening and searching behind a make-shift door in one of defendant's closets. We reverse.

During the morning of November 17, 1993, defendant...

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