State v. Gribskov

The state appeals an order suppressing marijuana seized pursuant to a warrant. ORS 138.060(3). The issue is whether the affidavit upon which the warrant was issued alleged facts sufficient to create a well-reasoned suspicion that marijuana could still be found at the described premises.

The relevant allegations are:(1) Within 72 hours prior to the swearing of the affidavit the confidential reliable informant was inside the residence; occupied by defendant;(2) The informant observed a quantity of marijuana "more than one ounce”;(3) The marijuana was in the possession of the occupant of the…