State v. Black

The state appeals an order entered prior to trial suppressing evidence seized pursuant to a search warrant. ORS 138.060(3).

The trial judge suppressed the evidence in question because, in his view, the facts alleged in the affidavit in support of the search warrant were too stale to justify issuance of the warrant. We disagree, and reverse.

The affidavit is set out in the margin. Given a commonsenses reading, 2 the affidavit establishes that defendant Donald Black is and has been for a long period of time a large supplier of drugs in the Roseburg area, so much so that a confidential reliable…