State v. Harp

*668NEWMAN, J.

The state appeals pretrial orders granting defendants’ consolidated motions to controvert the affidavit supporting a search warrant and to suppress evidence seized under it. ORS 138.060(3). In State v. Harp, 48 Or App 185, 616 P2d 564, rev den 290 Or 171 (1980), (Harp I), this court reversed an earlier suppression order. We considered the motion to suppress on the basis of the face of the affidavit because the trial court had not considered defendant’s motion to controvert. Now we also review the motion to controvert and the evidence thereunder and affirm the second order of…