State v. Roles

Defendant appeals his conviction for manufacture of a controlled substance, ORS 475.992, assigning as error the denial of his motion to suppress marijuana plants as evidence. We agree and reverse and remand.

Acting on an anonymous tip that marijuana plants were growing on the roof of a residence, the Lebanon police drove by the house and saw plants about six inches high growing in containers on the roof. The officers could not tell whether the plants were marijuana. A few days later the officers contacted the owners of the residence, Mrs. Moody and her husband, a paraplegic.

Defendant had lived…