State v. Haines

The state appeals pretrial orders granting defendants’ motions to controvert search warrants and to suppress evidence seized under them. We affirm.

Defendants were charged in separate indictments with unlawful manufacture of marijuana, a felony, in violation of ORS 475.992. Because the affidavits that support the search warrants, the search warrants themselves, the motions to suppress and controvert, the stipulated facts and the court orders allowing the motions were identical in each case, the cases were, by consent of the parties, consolidated on appeal.

The affidavit of Officer Smit…