State v. Leo

Defendant was convicted of unlawful possession of narcotics. He appeals, assigning as sole error the denial of his motion to suppress certain evidence seized in a private home pursuant to a search warrant issued by the district judge.

The warrant was issued after the filing of the following affidavit:

“I, JAMES MONTGOMERY, being first duly sworn on oath, depose and say that:

“I am a detective with the Corvallis Police Department and I am involved in the investigation of crimes committed within the City of Corvallis, including violations of narcotic drugs.

“At 5:25 p.m. on April 6, 1970, a call…