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STATE v. HITT

TC 85-5802; CA A41513; SC S34214.

753 P.2d 415 (1988)

305 Or. 458

The STATE of Oregon, Respondent On Review, v. Ernest Vance HITT, Petitioner On Review.

Supreme Court of Oregon, In Banc.

Decided April 12, 1988.

Attorney(s) appearing for the Case

Richard F. Alway, Salem, filed the petition and argued the cause for petitioner on review.

Brenda J. Peterson, Asst. Atty. Gen., Salem, argued the cause for respondent on review. With her on the response were Dave Frohnmayer, Atty. Gen. and Virginia L. Linder, Sol. Gen., Salem.

CARSON, Justice.

This case concerns the breadth of ORS 133.693,1 which allows a criminal defendant to contest "the good faith, accuracy and truthfulness of the affiant" upon motion to controvert a search warrant. The question presented is whether defendant may contest the accuracy and truthfulness of an informant's statements included within a search warrant affidavit.

On October 29, 1985...

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