STATE v. DAVIS

Nos. J81-2860, J82-0447; CA A25147.

662 P.2d 13 (1983)

STATE of Oregon, Appellant, v. Robert Dean DAVIS, Respondent.

Court of Appeals of Oregon.

Decided April 27, 1983.

Reconsideration Denied June 10, 1983.


Attorney(s) appearing for the Case

Stephen F. Peifer, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.

James P. O'Neal, Myrtle Creek, argued the cause and filed the brief for respondent.

Before RICHARDSON, P.J., and VAN HOOMISSEN and NEWMAN, JJ.


VAN HOOMISSEN, Judge.

The state appeals pursuant to ORS 138.060(3) from an order suppressing evidence seized pursuant to a search warrant on the ground that the affidavit supporting the warrant was deficient. We reverse and remand for trial.

The affidavit states that the affiant, a police officer named Billy Caldwell, believed defendant had marijuana, currency marked with Caldwell's initials, marijuana paraphernalia and records of marijuana sales and purchases...

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