State v. Mathis

The state appeals from an order of the Circuit Court for Douglas County suppressing evidence. ORS 138.060(3). The evidence was seized under a search warrant issued by a district court judge based on a police officer’s affidavit together with the officer’s supplemental sworn testimony given to the judge at the time he made application for the warrant.

At the time the application for search warrant was made to the district court judge the police officer presented to him the affidavit. The magistrate then placed the officer under oath and received oral testimony from him which supplemented the…