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STATE v. JOHNSON

C001737CR, C001736CR, C001735CR; A113546 (Control), A113547, A113639.

62 P.3d 861 (2003)

186 Or. App. 186

STATE of Oregon, Respondent, v. Shannon Kay JOHNSON, Appellant. State of Oregon, Respondent, v. Michael John Barkau, Appellant. State of Oregon, Respondent, v. Allen Hurvey Johnson, Appellant.

Court of Appeals of Oregon.

Decided February 5, 2003.

Attorney(s) appearing for the Case

Martin C. Habekost, Salem, argued the cause for appellants and filed the brief for appellant Allen Hurvey Johnson. On the brief for appellants Shannon Kay Johnson and Michael John Barkau were Carla M. French and Ferder, Casebeer & French, LLP.

Doug M. Petrina, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before LANDAU, Presiding Judge, and ARMSTRONG and KISTLER, Judges.

LANDAU, P.J.

At issue in these consolidated cases is the sufficiency of an affidavit in support of warrants authorizing the search of two residences, one of defendant Michael Barkau and the other of defendants Allen Johnson and Shannon Johnson. The searches led to the discovery of evidence of marijuana grow operations at both houses. Defendants moved to suppress evidence obtained as a result of the searches of those residences. The trial court denied the motions and...

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