STATE v. BRUST

C87-06-33045; CA A46508.

765 P.2d 1246 (1988)

94 Or.App. 416

STATE of Oregon, Appellant, v. Robert W. BRUST, Respondent.

Court of Appeals of Oregon.

Decided December 14, 1988.


Attorney(s) appearing for the Case

Janet A. Klapstein, Asst. Atty. Gen., Salem, argued the cause for appellant. With her on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Philip M. Lebenbaum, Portland, argued the cause and filed the brief for respondent.

Before WARDEN, P.J., and GRABER and RIGGS, JJ.


RIGGS, Judge.

The state appeals an order allowing defendant's motion to suppress evidence, arguing that an affidavit in support of search warrant provided probable cause for a search of defendant's residence. We agree and reverse.

The affidavit stated that the affiant, Bret J. Smith, was an officer with the City of Portland Police Bureau and had been assigned to the narcotics detail for six months at the time he executed the affidavit on May 23, 1987. Smith...

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