State v. Grimes

The state appeals from a pretrial order suppressing evidence obtained pursuant to a search warrant. ORS 138.060(3). It argues that the search warrant affidavit established probable cause to search defendants’ residence. Defendants cross-assign error to the trial court’s conclusion that the confidential informant was reliable and to the denial of their motion to controvert. We reverse.

Our review of whether an affidavit is sufficient to support the issuance of a search warrant is

“ ‘to determine whether a neutral and detached magistrate could conclude, based on the facts and circumstances shown…