Legal Opinion

State v. Lindenburger

Court of Appeals of Oregon

Decided August 2, 1978No. 77-113 C, CA 10124PublishedCited by 2 opinions

1Opinion of the CourtGillette, J.

The state appeals suppression of evidence seized in a search made purusant to a warrant. The warrant was issued pursuant to the taped, sworn statement of a police officer, a transcript of the pertinent portions of which is set out in the margin.1

*626The sworn statement is replete with probable cause. However, the officer fails to specify the date ox time oí the prior purchase of drugs which serves as the basis for issuing this warrant. Apparently, it was this omission which caused the trial judge to suppress the evidence.

We disagree with the trial judge, and reverse. A common sense reading2 of…

2Cases cited1 opinion

  1. United States v. VentrescaSupreme Court of the United States · 1965

3Cited by2 opinions

  1. State v. BlackCourt of Appeals of Oregon · 1978
  2. State v. SmithCourt of Appeals of Oregon · 1981

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