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STATE v. MARSING

091255AFE; A143185.

260 P.3d 739 (2011)

244 Or. App. 556

STATE of Oregon, Plaintiff-Appellant, v. Randolph Lee MARSING, Defendant-Respondent.

Court of Appeals of Oregon.

Decided July 27, 2011.

Attorney(s) appearing for the Case

John R. Kroger , Attorney General, Jerome Lidz , Solicitor General, and Anna M. Joyce , Assistant Attorney General, filed the brief for appellant.

Peter Gartlan , Chief Defender, and Shawn E. Wiley , Chief Deputy Defender, Office of Public Defense Services, filed the brief for respondent.

Before ORTEGA, Presiding Judge, and SERCOMBE, Judge, and ROSENBLUM, Senior Judge.

SERCOMBE, J.

This case concerns whether an affidavit used to support the issuance of a search warrant was sufficient to establish that evidence of a crime would be found when the warrant was executed. On the basis of an affidavit by a police detective, a magistrate issued a search warrant to obtain evidence of the crimes of possession and delivery of marijuana from defendant's residence and nearby outbuildings and vehicles.1 Defendant...

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