Thursday, October 24, 2013
PORTLAND — The Oregon Court of Appeals says that officers had enough cause — a spike in electric bills and observation of comings and goings — to get a warrant to search a home suspected of being an illegal pot growing site.
The ruling issued Wednesday comes after a judge suppressed prosecutor’s evidence at a trial, saying the search warrant should not have been issued because at least one of the three occupants in the home had a card to grow medical marijuana.
“It is not seriously disputed that (a police officer) had ample information to establish that marijuana was being grown at the residence,” appeals court judge Rex Armstrong wrote in the opinion. “The question is whether the affidavit could properly support a determination that there was probable cause that unlawful activity related to marijuana cultivation was occurring.”