State v. Pierce

*338HASELTON, J.

Defendant appeals from his conviction for possession of a controlled substance (marijuana), former ORS 475.992 (2003), renumbered as ORS 475.840 (2005),1 assigning error to the denial of his motion to suppress evidence. Defendant contends that a police officer’s observations of defendant’s possession of marijuana in a residential backyard at 1:00 a.m., and defendant’s consequent admissions and consent to search, were the products of a warrantless search that did not fall within any recognized exception to the warrant requirement. We agree and, consequently, reverse and remand.

The…