STATE v. KITTREDGE

Nos. 22664, 22665; CA 10662.

585 P.2d 423 (1978)

36 Or.App. 603

STATE of Oregon, Plaintiff-Appellant, v. Linda Annette KITTREDGE, Defendant-Respondent. State of Oregon, Plaintiff-Appellant, v. Steve Leslie Anderson, Defendant-Respondent.

Court of Appeals of Oregon.

Decided October 16, 1978.


Attorney(s) appearing for the Case

Donald L. Paillette, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were James A. Redden, Atty. Gen. and Walter L. Barrie, Sol. Gen., Salem.

Stephanie A. Smythe, Deputy Public Defender, Salem, argued the cause for respondents. With her on the brief was Gary D. Babcock, Public Defender, Salem.

Before SCHWAB, C.J., and GILLETTE and ROBERTS, JJ.


GILLETTE, Judge.

Pursuant to ORS 138.060(3),1 the state appeals from pretrial orders in companion cases suppressing evidence seized pursuant to a warrant.

The affidavit in support of the warrant is set out in the margin.2 We agree with the trial court that the peculiar facts set out in the affidavit were "stale".

The only operative facts recited in the affidavit supporting issuance of the warrant...

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