State v. Parnell

Defendant challenges a trial court’s denial of his motion to suppress, after which he entered a conditional guilty plea for one count each of unlawful manufacture of marijuana, ORS 475.856; unlawful delivery of marijuana, ORS 475.860; and unlawful possession of marijuana, ORS 475.864(2). He assigns error to the trial court’s denial of his motion on the ground that his consents to enter and search his home were invalidated by a preceding illegal trespass by police into his backyard. Although the trial court found that police had trespassed, it also found that defendant’s initial consent to…