State v. Carter

The police, without a warrant, trained binoculars on the window of defendants’ private home to see what they could not see with the naked eye. In the affidavit supporting the warrant, the police included information that they had obtained by use of the binoculars. The affidavit states that, with his naked eyes, the officer saw a “green reflection” in the window on the southeast side of the residence and a “large amount of green foliage covering the entire window on the south side of the residence * * * the color of which was consistent with marijuana.” 101 Or App at 284. The affidavit,…