State v. Evans

The state appeals from an order suppressing evidence found at defendants’ residence. ORS 138.060. The circuit court held that the affidavit supporting the search warrant was legally insufficient. We affirm.

A search warrant was issued for defendants’ residence based upon the affidavit of a special agent for the United States Bureau of Land Management (BLM). The affidavit described the discovery of two marijuana “gardens,” 1 approximately two miles apart, on BLM land. A deputy county Sheriff and a sergeant of the Oregon National Guard each told the affiant that they had seen one of the…