State v. Montigue

Defendant was convicted of illegal possession of dangerous drugs, ORS 167.207. He assigns as error the denial of his motion to suppress evidence seized in a search pursuant to a search warrant and his motion to controvert the underlying affidavit.

Defendant argued that suppression was required due to lack of probable cause in that neither the credibility of the informant nor the reliability of his information was established in the affidavit. This argument was rejected in State v. Poteet, 9 Or App 231, 235-37, 495 P2d 783, rev den (1972), which holds that an informant’s reliability is…