State v. Swain

Defendants were accused by information of the felony of criminal activity in drugs in violation of ORS 167.207. After the charges were dismissed at the preliminary hearing stage, defendants were indicted for the same offense and were eventually convicted by the court of possession of less than one avoirdupois ounce of marihuana, a misdemeanor. ORS 167.207 (3). Their consolidated appeals raise the issue of the validity of the search warrants pursuant to which the evidence introduced against them at their trials was seized.

On September 30, 1972, Officer John Verheul, Jr., of the Clackamas…