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STATE v. DUARTE/KNULL-DUNAGAN

070025CR; A138537 (Control); 070026CR; A138538.

238 P.3d 411 (2010)

237 Or. App. 13

STATE of Oregon, Plaintiff-Appellant, v. Louis B. DUARTE, Defendant-Respondent. State of Oregon, Plaintiff-Appellant, v. Louis B. Duarte, Defendant-Respondent.

Court of Appeals of Oregon.

Decided August 25, 2010.

Attorney(s) appearing for the Case

Rolf Moan, Assistant Attorney General, argued the cause for appellant. On the brief were Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Robert M. Atkinson, Assistant Attorney General.

Kristin A. Carveth, Deputy Public Defender, argued the cause for respondents. With her on the brief was Peter Gartlan, Chief Defender, Office of Public Defense Services.

Before HASELTON, Presiding Judge, and ARMSTRONG, Judge, and EDMONDS, Senior Judge.

HASELTON, P.J.

The state appeals, under ORS 138.060(1)(c), from orders suppressing evidence of a residential marijuana growing operation discovered as a result of a search pursuant to a warrant. The trial court determined that the affidavit in support of the warrant did not establish probable cause to search because it failed to corroborate the reliability of an anonymous informant. Consistently with the standard of review prescribed and amplified in State v. Castilleja...

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