State v. Cole

*452ROSSMAN, J.

Defendant was convicted of possession of a controlled substance, marijuana, following a consolidated stipulated facts trial involving nine similarly charged defendants after their motions to suppress were denied. On appeal, she assigns as error the trial court’s denial of her motion to controvert and motion to suppress evidence seized under a warrant. We affirm.

On August 16, 1983, the Josephine County Sheriffs Department conducted a surveillance flight over portions of the county in search of growing marijuana. Sgt. Pendergrass was the spotter on board the aircraft. Flying over…