State v. Middleton
Court of Appeals of Oregon
1Opinion of the CourtRichardson, P. J.
Pursuant to ORS 138.060(3), the state appeals a pretrial order suppressing marijuana and related paraphernalia seized under a search warrant. The affidavit in support of the warrant was based primarily on information provided by four unnamed informants. The issue is whether that affidavit established probable cause to believe that the items seized would be found in defendant Middleton, Jr.’s house. We reverse and remand.
The issuance of search warrants is governed by ORS 133.545. Under subsection (3) of the statute, an application for a search warrant must be supported by
“* * * one or more…
2Cases cited14 opinions
- Illinois v. GatesSupreme Court of the United States · 1983
- Aguilar v. TexasSupreme Court of the United States · 1964
- Spinelli v. United StatesSupreme Court of the United States · 1969
- State v. MontigueOregon Supreme Court · 1980
- State v. CarlileOregon Supreme Court · 1980
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3Cited by5 opinions
- State v. SoudersCourt of Appeals of Oregon · 1985
- State v. Strubhar/JacksonCourt of Appeals of Oregon · 1986
- State v. SmithCourt of Appeals of Oregon · 1985
- State v. AlvarezCourt of Appeals of Oregon · 1988
- State v. RobertsonCourt of Appeals of Oregon · 2018