State v. Melendy

Defendant appeals from his conviction of the crime of possession of a controlled substance, ORS 475.992. He assigns as error the trial court’s denial of his motion to suppress evidence gathered during a search of his residence. We reverse.

A search warrant was issued based on the following affidavit:

"I, JACK MINYARD, being first duly sworn on oath depose and say:

"That I am a deputy sheriff for Polk County, Oregon.

"That on the 4th day of October, 1979, I received a report of a burglary at the residence of Mike D. Melendy situated at 12065 Helmick Road, Suver, Polk County, Oregon wherein several…