STATE v. MILKS

C911976CR; C911977CR; CA A76124 (Control); CA A76125.

872 P.2d 988 (1994)

127 Or. App. 397

STATE of Oregon, Appellant, v. Russell J. MILKS, Respondent. STATE of Oregon, Appellant, v. Curtis Brian SALES, Respondent.

Court of Appeals of Oregon.

Decided April 20, 1994.


Attorney(s) appearing for the Case

Jonathan H. Fussner, Asst. Atty. Gen., argued the cause for appellant. With him on the brief were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen.

David E. Groom, Deputy Public Defender, argued the cause for respondents. With him on the brief was Sally L. Avera, Public Defender.

Before DEITS, P.J., and RIGGS and HASELTON, JJ.


RIGGS, Judge.

In this consolidated criminal case,1 defendants were charged with the manufacture, delivery and possession of a controlled substance. ORS 475.992. Before trial, defendants moved to suppress evidence seized pursuant to a search warrant. The court allowed the motion to suppress, finding that the affidavit in support of the search warrant did not establish probable cause. The state appeals, and we affirm.

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