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STATE v. EVANS

91-2784-A-C-2; CA A73233.

849 P.2d 539 (1993)

119 Or. App. 44

STATE of Oregon, Appellant, v. Thomas Dale EVANS and Beth Inez Evans, Respondents.

Court of Appeals of Oregon.

Decided March 31, 1993.

Attorney(s) appearing for the Case

Richard D. Wasserman, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Charles S. Crookham, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

David K. Allen, Salem, argued the cause for respondents. With him on the brief was Sally L. Avera, Public Defender, Salem.

Before ROSSMAN, P.J., and De MUNIZ and LEESON, JJ.

ROSSMAN, Presiding Judge.

The state appeals from an order suppressing evidence found at defendants' residence. ORS 138.060. The circuit court held that the affidavit supporting the search warrant was legally insufficient. We affirm.

A search warrant was issued for defendants' residence based upon the affidavit of a special agent for the United States Bureau of Land Management (BLM). The affidavit described the discovery of two marijuana "gardens,"

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