In Re Bilal

In this consolidated appeal the state appeals from orders of the juvenile court that suppressed marijuana and other evidence that the police seized in several searches. ORS 419.561(6)(c). The police entered the residence of Stephen Hill and arrested him pursuant to an arrest warrant. They searched the house without a search warrant because they believed other people were there who might help Hill escape. In that search the police did not see other people but did see marijuana and other incriminating evidence in plain view. They then photographed, but did not seize, the evidence. About two hours later defendants, both juveniles, were arrested in the house when they emerged from an attic crawl space where they had been hiding. Shortly thereafter the police returned with a search warrant and seized the marijuana and other evidence. The state charged both defendants in the juvenile court with several counts respecting possession, delivery and manufacture of marijuana and with hindering prosecution.