State v. Derrah

In this criminal case, defendant was charged with manufacturing, delivering, and possessing a controlled substance, ORS 475.992, after a warranted search resulted in the seizure of approximately 50 marijuana plants at his residence. Before trial, defendant moved to controvert the affidavit submitted by Detective Welch in support of the warrant on the ground that his last name was repeatedly misspelled “Dennah” instead of “Derrah.” See ORS 133.693(2). Defendant also urged that the affidavit, as controverted, did not provide probable cause for the search. The court granted the motion to…