State v. Larson

The state seeks reversal of the trial court’s pretrial order, ORS 138.060(3), suppressing evidence seized pursuant to a search warrant that was based, in part, on information obtained when officers went into an area behind defendant’s apartment and smelled the odor of marijuana emanating from a ventilation tube protruding from a window in defendant’s upstairs apartment. We affirm.

In April 1996, the Portland Police Bureau received information that the occupants at 1340 S.E. Tacoma were growing marijuana. Defendant lived at that address. In July, Officers Keist and Riley went to defendant’s…