State v. Behrens

Based upon the facts of State v. Marsden, Moore, Cassidy, 19 Or App 742, 528 P2d 1066 (1974), a search was made of the premises occupied by Kathy Behrens at 1590 South Sherman Street in Albany and during the course of that search narcotics were found consisting of marihuana and what was “probably” a white powder containing amphetamine. These two defendants were charged as possessors of the marihuana. ORS 167.207. They moved to suppress the evidence on substantially the same basis as that advanced by State v. Marsden, Moore, Cassidy, supra.

The contraband was seized pursuant to a search warrant…