State v. Arnold

Deputy Sheriff Hamilton obtained a warrant to search Roger Dale Box’s house for controlled substances. Hamilton and a search team searched Box’s house and found methamphetamine. Defendants were indicted for possession of a controlled substance. ORS 475.992(4). The affidavit supporting the warrant application was based, in part, on observations that officers had previously made during a warrantless search of the house. The court ruled that that information should be excised from the affidavit, because the state failed to establish that the person who consented to the warrantless search had…