State v. McGee

Defendant seeks reversal of his conviction of possession of marijuana. He correctly contends that the trial court erred in denying his motion to suppress, because the affidavit in support of the search warrant was insufficient to establish probable cause.

The only operative facts recited in the affidavit supporting issuance of the warrant are that (1) a confidential reliable informant was in defendant’s residence "within the past 48 hours” and that (2) while there he observed "a quantity of marijuana.”

In State v. Kittredge/Anderson, 36 Or App 603, 585 P2d 423 (1978), we found a similar…