State v. Schrag

Defendant was convicted after jury trial of criminal activity in drugs by (1) possession and (2) cultivation of marihuana. ORS 167.207.

He appeals contending that the court erred: (1) in refusing to grant his motion to suppress and finding that there was probable cause to search and exigent circumstances, and (2) in denying defendant’s motion to dismiss.

The facts involved are as follows: The Powers police department received a telephone call from a housewife that two young men had entered the house across the street and were burglarizing it. When the officers arrived in response to the call at…