State v. Glines

Defendant was charged with multiple counts of possession and delivery of a controlled substance. ORS 475.992. The state appeals a pretrial order suppressing evidence. We reverse and remand.

Officer Kelly received three “complaints” that defendant was involved in the manufacture and sale of marijuana. However, he did not believe that he had sufficient information to obtain a search warrant. Kelly decided to go to defendant’s home in an effort to obtain further incriminating facts. One of his objectives was to gain entry to defendant’s house so that he could detect the odor of marijuana. In…