State v. Payne

Defendants appeal their convictions for manufacture and possession of a controlled substance, marijuana. ORS 475.992. They contend that their motion to suppress evidence seized from their residence pursuant to a search warrant should have been granted. We reverse and remand for a new trial.

There are two search warrants involved in this case. During an aerial search for marijuana on July 22, 1983, Oregon State Police Officer Nelson observed a patch of marijuana plants located between two homes, one owned by defendants and the other owned by their neighbors, the Starbecks. Later that day, he…