State v. Dunn

The state appeals an order granting defendant’s motion to suppress evidence seized during the execution of a search warrant. The issue is whether the affidavits show probable cause to believe that evidence of a vehicle theft operation would be found on defendant’s property. Defendant cross-appeals from the denial of a demurrer to the indictment. We reverse on the appeal and on the cross-appeal.

State Police Officer Roberg submitted his affidavit for a search warrant for defendant’s property in Yamhill County. He incorporated in that affidavit a second affidavit that he had submitted for a…