State v. Diaz

This is an appeal by the state pursuant to ORS 138.060 (4) of a pretrial order in a criminal case suppressing as evidence the fruits of a search, dismissing the case, and rendering judgment for the defendant. Defendant had been charged in a two-count indictment with illegal possession of narcotics, namely, heroin and marihuana.

The question raised by this appeal is that of the existence of probable cause for the search.

On the afternoon of May 22, 1969, Officer Boggs of the Narcotics Division of the Portland Police Bureau received a phone call from an informant. He had spoken to the informant…