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STATE v. LARSON

(96-08-36103; CA A96052)

977 P.2d 1175 (1999)

159 Or. App. 34

STATE of Oregon, Appellant, v. Judah S. LARSON, Respondent.

Court of Appeals of Oregon.

Decided March 17, 1999.

Attorney(s) appearing for the Case

Jonathan H. Fussner, Assistant Attorney General, argued the cause for appellant. With him on the brief were Hardy Myers, Attorney General, and Virginia L. Linder, Solicitor General.

Dan Maloney, Deputy Public Defender, argued the cause for respondent. With him on the brief was Sally L. Avera, Public Defender.

Before De MUNIZ, Presiding Judge, and DEITS, Chief Judge, and HASELTON, Judge.

DEITS, C.J.

The state seeks reversal of the trial court's pretrial order, ORS 138.060(3), suppressing evidence seized pursuant to a search warrant that was based, in part, on information obtained when officers went into an area behind defendant's apartment and smelled the odor of marijuana emanating from a ventilation tube protruding from a window in defendant's upstairs apartment. We affirm.

In April of 1996, the Portland Police Bureau received information...

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