State v. Maxfield

When we decided State v. Maxfield, 133 Or App 371, 891 P2d 1342 (1995), I thought the opinion stood for the proposition that the seizure of the photograph portraying live, growing marijuana was insufficient by itself to afford probable cause to search the home of defendant, the person who had dropped the roll of film off at the photo finishing store. After all, the photograph could have been taken by anyone at any place. It did not provide probable cause to believe that evidence of a crime would be found at defendant’s home. Consequently, I joined in the opinion.

After reading the state’s…