State v. Barraza

Defendant appeals a judgment of conviction for manufacture of a controlled substance, ORS 475.992(1). He assigns error to the trial court’s denial of his motion to suppress evidence of three marijuana plants found in his residence by a police officer. On review for errors of law, State v. Will, 131 Or App 498, 500, 885 P2d 715 (1994), we conclude that the evidence was discovered during a warrantless search conducted without probable cause, and we reverse and remand.

The facts are not in dispute. Deputy Duncan responded to a complaint about noise and “possibly teenagers partying” at defendant’s…