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STATE v. MAKUCH/RIESTERER

CR98-1962, CR98-1961; A110292 (Control), A110839.

59 P.3d 536 (2002)

185 Or.App. 298

STATE of Oregon, Appellant, v. Paul Arthur MAKUCH, Respondent. State of Oregon, Appellant, v. Leigh Ann Riesterer, Respondent.

Court of Appeals of Oregon.

Decided December 11, 2002.

Attorney(s) appearing for the Case

Daniel J. Casey, Assistant Attorney General, argued the cause for appellant. With him on the briefs were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Robin A. Jones, Deputy Public Defender, argued the cause for respondent Paul Arthur Makuch. With her on the brief was David E. Groom, Acting Executive Director, Office of Public Defense Services.

Harrison Latto argued the cause and filed the brief for respondent Leigh Ann Riesterer.

Before HASELTON, Presiding Judge, and LINDER and WOLLHEIM, Judges.

HASELTON, P.J.

The state appeals pretrial orders suppressing evidence of a marijuana grow operation in the basement of a business operated by defendants Paul Arthur Makuch and Leigh Ann Riesterer. ORS 138.060(1)(c). The trial court concluded that ORS 9.695(1) and (4) required suppression. As explained below, we hold that neither that statute nor Article I, section 9, of the Oregon Constitution compels suppression. Accordingly, we reverse and remand.

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