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  5. 848 P.2d 599 (1993)
 

STATE v. CARTER/GRANT

Nos. CC 87030467; CA A47434 (Control), CA A47437, SC S37304.

848 P.2d 599 (1993)

316 Or. 6

STATE of Oregon, Respondent on Review, v. Floyd Lee CARTER, Petitioner on Review, STATE of Oregon, Respondent on Review, v. Alice Marlene GRANT, Petitioner on Review.

Supreme Court of Oregon, In Banc.

Decided April 8, 1993.

Attorney(s) appearing for the Case

Diane L. Alessi, Deputy Public Defender, Salem, argued the cause and filed the petition for petitioners on review. With her on the petition was Sally L. Avera, Public Defender, Salem.

Jonathan H. Fussner, Asst. Atty. Gen., Salem, argued the cause for respondent on review.

FADELEY, Justice.

In this search and seizure case, the issue is whether an officer's affidavit reporting on a warrantless police observation of the interior of a residence alleges particular facts sufficient to establish the probable cause required before a search warrant may be issued. The officer swore that he saw green plants when he looked through the windows into defendants' house. He swore that the color was "consistent with" marijuana. He also swore that, when...

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