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STATE v. MARTIN/DILLS

(98 CR0101; 98CR0087; CA A103003, (Control); A103004)

12 P.3d 548 (2000)

170 Or. App. 366

STATE of Oregon, Appellant, v. Gary Leon MARTIN, Respondent. State of Oregon, Appellant, v. Valerie Lynn Dills, aka Valerie Lynn Alto, Respondent.

Court of Appeals of Oregon.

Decided October 11, 2000.

Attorney(s) appearing for the Case

Jonathan H. Fussner, Assistant Attorney General, argued the cause for appellant. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

James N. Varner argued the cause for respondents. With him on the brief was David E. Groom, State Public Defender.

Before De MUNIZ, Presiding Judge, and HASELTON and WOLLHEIM, Judges.

HASELTON, J.

The state appeals, in two consolidated cases, assigning error to the trial court's suppression of evidence seized upon execution of a "telephonic search warrant." ORS 133.555(3). The state contends that various defects in the warrant process, including the overbreadth of the "duplicate original" warrant, were immaterial and, in all events, were not of constitutional magnitude and thus did not require suppression. See ORS 136.432.

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