STATE v. COTTER/RAY

90C20234; 90C20235; CA A72255 (Control), CA A72256.

864 P.2d 875 (1993)

125 Or. App. 210

STATE of Oregon, Respondent, v. Bradley James COTTER, Appellant. STATE of Oregon, Respondent, v. Tracy Laurel RAY, Appellant.

Court of Appeals of Oregon.

Decided December 8, 1993.


Attorney(s) appearing for the Case

Kevin T. Lafky, Salem, argued the cause for appellants. With him on the brief were Elton T. Lafky and Lafky & Lafky.

Janie M. Burcart, Asst. Atty. Gen., argued the cause for respondent. With her on the brief were Charles S. Crookham, Atty. Gen., and Virginia L. Linder, Sol. Gen.

Before RICHARDSON, C.J., and DEITS and DURHAM, JJ.


DURHAM, Judge.

Defendants were convicted of possession of a controlled substance. ORS 475.992. In this consolidated appeal, they assign error to the trial court's denial of their motion to suppress evidence seized pursuant to a search warrant for their home. We reverse.

Defendants argue that the affidavit supporting the search warrant did not establish probable cause to believe that evidence of a crime would be found at their home. The affidavit described...

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