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STATE v. MIDDLETON

14006; CA A31871.

700 P.2d 309 (1985)

73 Or.App. 592

STATE of Oregon, Appellant, v. Delmar Gene MIDDLETON, Sr., and Delmar Gene Middleton, Jr., Respondents.

Court of Appeals of Oregon.

Decided May 22, 1985.

Reconsideration Denied July 5, 1985.

Review Denied July 23, 1985.

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 James E. Mountain, Jr., Sol. Gen., Salem.

David E. Groom, Deputy Public Defender, Salem, argued the cause for respondents. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Before RICHARDSON, P.J., and WARDEN and NEWMAN, JJ.

RICHARDSON, Presiding Judge.

Pursuant to ORS 138.060(3), the state appeals a pretrial order suppressing marijuana and related paraphernalia seized under a search warrant. The affidavit in support of the warrant was based primarily on information provided by four unnamed informants. The issue is whether that affidavit established probable cause to believe that the items seized would be found in defendant Middleton, Jr.'s house...

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