State v. Hitt

This case concerns the breadth of ORS 133.693, 1 which allows a criminal defendant to contest “the good faith, accuracy and truthfulness of the affiant” upon motion to controvert a search warrant. The question presented is whether defendant may contest the accuracy and truthfulness of an informant’s statements included within a search warrant affidavit.

On October 29,1985, defendant was arrested for possession of heroin after a search of certain premises pursuant to a search warrant. The warrant was obtained upon the affidavit of a police officer. The affidavit stated, inter alia, that the…