STATE v. BLACK

Nos. J77-2808; J77-2809; CA 10890.

585 P.2d 44 (1978)

36 Or.App. 613

STATE of Oregon, Appellant, v. Donald Ed BLACK and Joanne Elizabeth Black, Respondents.

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 was James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Richard A. Cremer, Asst. Public Defender, Roseburg, argued the cause and filed the brief for respondent Donald Black. With him on the brief was Melvin E. Smith, Roseburg, for respondent Joanne Elizabeth Black.

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


GILLETTE, Judge.

The state appeals an order entered prior to trial suppressing evidence seized pursuant to a search warrant. ORS 138.060(3).

The trial judge suppressed the evidence in question because, in his view, the facts alleged in the affidavit in support of the search warrant were too stale to justify issuance of the warrant. We disagree, and reverse.

The affidavit is set out in the margin.1 Given a commonsenses reading...

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