State v. Jordan

The state appeals a pretrial order suppressing evidence seized pursuant to a search warrant. ORS 138.060(3). The ground for the suppression was that the judge who issued the warrant did not comply with the statutory requirements for issuing a telephonic warrant. We disagree and reverse and remand.

Prineville Officer Long called the District Court judge in Madras on the morning of October 7, 1983, and requested a warrant to search an apartment in Prineville. He told the judge that the occupant was preparing to move out that afternoon. Long then turned on a tape recorder in his office, the judge…