State v. Brotherton

Defendant was charged with manufacture of a schedule I controlled substance (marijuana), ORS 475.992(1), and unlawful possession of a schedule II controlled substance (cocaine). ORS 475.992(4). He moved to suppress evidence seized during a search conducted pursuant to a search warrant, on the ground that the affidavit supporting the search warrant did not establish probable cause. The trial court granted defendant’s motion, concluding that the affidavit failed to set forth the basis of knowledge and the credibility of the “unwitting informant” and, therefore, did not establish probable cause.…