State v. Makuch/Riesterer

The state appeals pretrial orders suppressing evidence of a marijuana grow operation in the basement of a business operated by defendants Paul Arthur Makuch and Leigh Ann Riesterer. ORS 138.060(1)(c). The trial court concluded that ORS 9.695(1) and (4) required suppression. As explained below, we hold that neither that statute nor Article I, section 9, of the Oregon Constitution compels suppression. Accordingly, we reverse and remand.

The facts 1 are complex and involve three separate searches that occurred on the same day, July 7,1998: (1) the search of the residence of Jeffrey Husk in…