STATE v. McGEE

No. 18-736; CA 15539.

607 P.2d 217 (1980)

45 Or.App. 13

STATE of Oregon, Respondent, v. Keith Gerald McGee, Appellant.

Court of Appeals of Oregon.

Decided March 3, 1980.


Attorney(s) appearing for the Case

Ernest E. Estes, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Christian W. Van Dyke, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Before SCHWAB, C.J., and THORNTON and CAMPBELL, JJ.


SCHWAB, Chief Judge.

Defendant seeks reversal of his conviction of possession of marijuana. He correctly contends that the trial court erred in denying his motion to suppress, because the affidavit in support of the search warrant was insufficient to establish probable cause.

The only operative facts recited in the affidavit supporting issuance of the warrant are that (1) a confidential reliable informant was in defendant's residence "within the past 48 hours...

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