State v. Martin/Dills

The state appeals, in two consolidated cases, assigning error to the trial court’s suppression of evidence seized upon execution of a “telephonic search warrant.” ORS 133.555(3). The state contends that various defects in the warrant process, including the overbreadth of the “duplicate original” warrant, were immaterial and, in all events, were not of constitutional magnitude and thus did not require suppression. See ORS 136.432. We conclude that the scope of the “duplicate original” warrant deviated so substantially from the magistrate’s oral authorization to search that the execution of the…