State v. Riggs
State v. Riggs
Opinion of the Court
In this consolidated appeal, defendants appeal their convictions for manufacturing a controlled substance. ORS 475.992(1). They contend that the court erred in denying their motions to suppress. We affirm.
Two warrants were issued based on a single affidavit to search property known as the Rocking Chair Ranch (RCR). One warrant authorized a search for John J. Mayotte,
On appeal, defendants argue that the affidavit supporting the original warrants contained unlawfully obtained information and that without such information the affidavit did not establish probable cause for issuance of the warrants.
In August, Mayotte was given a citation in Baker County for driving while his license was suspended. He told the officer that he was assisting a rancher near Medical Springs, which is where RCR is located. Mayotte failed to appear for the hearing on the matter, and a bench warrant for his arrest was issued. The affiant police officer was informed by another police officer that, in September, a neighbor of RCR had lent a posthole digger to a person who identified himself as “JJ.” At that time, “JJ” told the neighbor that he
The foregoing facts from the affidavit, which defendants do not challenge, establish probable cause to believe that Mayotte could be located at RCR. That conclusion, when coupled with the outstanding bench warrant, was sufficient to support issuance of the search warrant. ORS 133.555(2). Because the warrant to search for Mayotte was valid and the growing operation was discovered during execution of that warrant, it is unnecessary to determine the validity of the warrant authorizing a search for a methamphetamine operation. The trial court did not err in denying defendants’ motion to suppress.
Affirmed.
Mayotte is not a party to this appeal.
Defendants contend that observations of activities on RCR that investigating officers made should be excised, because they were obtained pursuant to an unlawful search under Article I, section 9, and the Fourth Amendment. They also seek to excise information provided by a confidential informant, because it fails to meet the requirements of ORS 133.545(4).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.