State v. Thomas

This is an appeal by the state, pursuant to ORS 138.060 (4), from a pretrial order granting the defendants’ motion to suppress evidence. The question presented is whether the affidavit filed in application for a search warrant disclosed probable cause to support the issuance of a warrant.

In pertinent part, the affidavit stated:

“I, William J. Budrius, Being first duly sworn, on oath, depose and say,

“That I am a police officer employed by the City of Portland, assigned to Narcotics Detaii;

“That I spoke with a confidential reliable informant who told me that on August 1, 1970, the informant was…