Legal Opinion
State v. Delker
Court of Appeals of Oregon
Decided August 16, 1976No. C 75-10-3461 Cr, CA 5555PublishedCited by 12 opinions
1Opinion of the CourtThornton, J.
The state appeals from an order suppressing evidence and dismissing the indictment of defendant, a postal employe, for possession of gambling records. ORS 167.137.
The crucial issue is the sufficiency of the affidavit on which the warrant for the search of defendant’s apartment was issued. The search resulted in the seizure of the gambling records involved.
The trial court found that the affidavit was defective "in that the confidential informant was not reliable,” and that therefore the magistrate erred in issuing the search warrant.
The challenged affidavit purported to he based on the…
2Cases cited7 opinions
- Aguilar v. TexasSupreme Court of the United States · 1964
- Spinelli v. United StatesSupreme Court of the United States · 1969
- Draper v. United StatesSupreme Court of the United States · 1959
- Charco, Inc. v. CohnOregon Supreme Court · 1966
- State v. PetiteCourt of Appeals of Oregon · 1972
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- State v. PanichelloCourt of Appeals of Oregon · 1984
- State v. DunningCourt of Appeals of Oregon · 1986
- State v. McKeeCourt of Appeals of Oregon · 1987
- State v. SmithCourt of Appeals of Oregon · 1981
- State v. CarlileCourt of Appeals of Oregon · 1979
7 more not listed; retrieve them via the Exa API.