State v. Weist

The chief issue presented by this and a companion case also decided today, State v. Weist, 302 Or 379, 730 P2d 25 (1986), is whether Oregon law permits a magistrate to issue a warrant to search a motor vehicle for evidence that it had been unlawfully registered, an “infraction” under the motor vehicle code, former ORS 481.130 {repealed by Or Laws 1983, ch 338, § 978). The Court of Appeals reversed an order of the circuit court suppressing evidence seized under a second warrant obtained in consequence of such a search, State v. Weist, 79 Or App 808, 720 P2d 755 (1986), and defendant petitioned…