State v. Swain

The defendants were indicted and convicted for illegal possession of drugs. ORS 167.207 (3). The conviction was upheld by an opinion of the Court’of Appeals, 13 Or App 600, 510 P2d 1341 (1973)-. This court granted review. The drugs were seized as the result of a search conducted pursuant to a warrant. The error charged is permitting the State to introduce the drugs in evidence.

Subsequent to the seizure, a motion for a preliminary hearing, and a motion to controvert the affidavit in accordance with ORS 141.150' and 141.160 ① were filed before the issuing magistrate, a district judge. When the…