State v. Alvarez

The state appeals an order suppressing evidence obtained under a search warrant. We reverse. The trial court ruled that the supporting affidavit did not show firsthand knowledge by the confidential informant (first informant) and did not adequately set out the reliability and basis of knowledge by the unnamed third party informant (termed by the state as “unwitting citizen” and referred to hereafter as “second informant”).

The affiant, Tyrrell, a police officer for over nine years, three years with the Oregon State Police Narcotics Unit, indicated that he had established an on-going…