Legal Opinion · Dissent

State v. Blackburn

Court of Appeals of Oregon

Decided August 10, 1972No. 28226; No. 28204Published

1DissentSchwab, C.J.

I would affirm the trial court’s grant of the defendants’ motion to suppress.

The affidavit in application for a search warrant established probable cause to search one, and only one, apartment. The affidavit and warrant repeatedly described the apartment to be searched as “* * * Apartment Number 2 in the basement of the residence at 240 South Davis Street, said apartment having the letters ECUBB on the door * * This was the only descriptive material in the documents.① There was no such apartment. What the officers executing the warrant discovered was a common area with three separate…

2Cases cited7 opinions

  1. Ball v. GladdenOregon Supreme Court · 1968
  2. State v. KeithCourt of Appeals of Oregon · 1970
  3. State v. CortmanOregon Supreme Court · 1968
  4. People v. GorgCalifornia Court of Appeal · 1958
  5. State v. KobersteinCourt of Appeals of Oregon · 1972

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