STATE v. MOORE

C89-10-35579; CA A67430.

831 P.2d 70 (1992)

113 Or. App. 66

STATE of Oregon, Appellant, v. Howard Glenn MOORE, Respondent.

Court of Appeals of Oregon.

Decided May 13, 1992.

Reconsideration Denied July 15, 1992.

Review Denied August 25, 1992.


Attorney(s) appearing for the Case

Jonathan H. Fussner, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Steven V. Humber, Deputy Public Defender, Salem, argued the cause for respondent. With him on the brief was Sally L. Avera, Public Defender, Salem.

Before RICHARDSON, P.J., JOSEPH, C.J., and DEITS, J.


DEITS, Judge.

The state appeals from an order suppressing evidence obtained from defendant's residence during the execution of a search warrant. The issue is whether a previous affidavit attached to the affidavit supporting the search warrant may be considered in deciding if there was probable cause supporting issuance of the search warrant. We reverse and remand.

In May, 1989, Officer O'Dea submitted a two-page affidavit to a Multnomah County district court...

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