STATE v. WILLIAMS

016023FE, A118181.

81 P.3d 743 (2003)

191 Or. App. 270

STATE of Oregon, Appellant, v. Brett Allan WILLIAMS, Respondent.

Court of Appeals of Oregon.

Decided December 17, 2003.


Attorney(s) appearing for the Case

Erika L. Hadlock, Assistant Attorney General, argued the cause for appellant. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Benjamin M. Bloom, Medford, argued the cause for respondent. With him on the brief was Hornecker, Cowling, Hassen & Heysell, L.L.P.

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


WOLLHEIM, J.

The state appeals from a pretrial order granting defendant's motion to suppress evidence found in defendant's home pursuant to a search warrant. The state argues that the trial court erred in concluding that the search warrant affidavit failed to establish probable cause because (1) it did not demonstrate the requisite nexus between a remote marijuana grow site and defendant's residence, and (2) the evidence referred to in the affidavit was stale. We...

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