STATE v. HENDERSON

No. J 78-1132; CA 12523.

594 P.2d 419 (1979)

40 Or.App. 27

STATE of Oregon, Appellant, v. Jimmy Duane HENDERSON, Respondent.

Court of Appeals of Oregon.

Decided May 7, 1979.


Attorney(s) appearing for the Case

Stuart R. Chandler, Certified Law Student, Salem, argued the cause for appellant. With him on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

James P. O'Neal, Roseburg, argued the cause for respondent. With him on the brief was Spence, O'Neal & Banta, Roseburg.

Before TANZER, P.J., and RICHARDSON and ROBERTS, JJ.


RICHARDSON, Judge.

The state appeals an order suppressing evidence seized pursuant to a search warrant. The issue is whether the affidavit submitted to obtain the search warrant contained sufficient reliable information to support issuance of the warrant. We reverse.

Police Officer Bates was the affiant on the affidavit, which states in relevant part:

"* * * "(3) That my belief is based on the following facts: "That I am acquainted...

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