State v. Smith

Defendant appeals his conviction for first degree theft. We reverse, because the trial court erred in denying defendant’s motion to suppress evidence seized pursuant to an invalid search warrant.

The affidavit supporting the search warrant was based on information supplied by an unnamed informant. ORS 133.545(3) provides in pertinent part:

“If an affidavit is based in whole or in part on hearsay, the affiant shall set forth facts bearing on any unnamed informant’s reliability and shall disclose, as far as possible, the means by which the information was obtained.”

The state concedes that the…