Mercer v. State

The state appeals from a pretrial order granting petitioner’s “motion for return or restoration of things seized.” ORS 133.633.1 We reverse and remand.

The items that the trial court ordered returned to petitioner included 11 marijuana plants, cultivation equipment, assorted “pot” paraphernalia (pipes, roach clips and the like) and related objects. Petitioner claims that these items were unlawfully seized, because the search warrant authorizing the seizure did not adequately designate the property to be searched.2

Given the narrow issue before us, we look only to the search warrant and its…