STATE v. HOWE

CR86-4-73; CA A42026.

746 P.2d 746 (1987)

88 Or.App. 595

STATE of Oregon, Respondent, v. Jay Scott HOWE, Appellant.

Court of Appeals of Oregon.

Decided December 9, 1987.

Reconsideration Denied February 12, 1988.


Attorney(s) appearing for the Case

Nick Nylander, North Bend, argued the cause and filed the brief for appellant.

Christine Chute, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.


ROSSMAN, Judge.

Defendant was convicted of unlawful manufacture of a controlled substance in violation of ORS 475.992. He moved to suppress evidence seized pursuant to a search warrant and also to controvert the affidavit made in support of the warrant. The trial court denied both motions, and defendant appeals. The primary issue is whether the affidavit contained sufficient facts from which a magistrate could properly determine that there was probable cause to believe...

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