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STATE v. CARLILE

CA 12378; SC 26792, CA 12377; SC 26803 and CA 12379; SC 26804.

619 P.2d 1280 (1980)

290 Or. 161

STATE of Oregon, Respondent, v. Judith Ann CARLILE, Petitioner. State of Oregon, Respondent, v. ROBERT MORGAN REITER, Petitioner. STATE of Oregon, Respondent, v. DAVID SHAW, Petitioner.

Supreme Court of Oregon.

Decided November 28, 1980.

Attorney(s) appearing for the Case

Laurie K. Smith of Frye, Smith & Franz, P.C., Eugene, argued the cause and filed briefs for petitioner, Carlile.

Robert J. McCrea, Eugene, argued the cause for petitioner, Reiter. With him on the briefs were Paul R. Frisch and Morrow, McCrea & Divita, P.C., Eugene.

Donald D. Diment, Jr., argued the cause for petitioner, Shaw. With him on the briefs were Lauren S. Holland and Diment, Jagger & Billings, Eugene.

Frederick A. Hugi, Asst. Dist. Atty., Eugene, argued the cause for respondent. With him on the briefs was J. Pat Horton, Dist. Atty., Eugene.

Before DENECKE, C.J., and TONGUE, HOWELL, LENT, LINDE and PETERSON, JJ.

HOWELL, Justice.

In these three consolidated cases, the defendants challenge the legal sufficiency of the affidavits upon which a Lane County district judge relied in finding probable cause to issue search warrants to conduct searches of defendants' homes. Defendants contend that the affidavits did not establish the veracity of the police informants, as required by our decisions and those of the United States Supreme Court. The trial court agreed and granted defendants...

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