State v. Wilson

Defendants, husband and wife, were each charged with two counts of possession of a controlled substance and unlawful possession of a firearm silencer. ORS 475.992; ORS 166.272. The state appeals from a pretrial order suppressing evidence obtained after an alleged violation of the “knock and announce” rule. ORS 133.575(2). Defendants cross-appeal the denial of their motions to suppress evidence obtained in the search on the basis of their challenge to the affidavit supporting the search warrant. We reverse and remand on appeal and affirm on cross appeal.

On April 26,1990, at approximately 7…