Legal Opinion
State v. Kittredge
Court of Appeals of Oregon
Decided October 16, 1978No. 22664, CA 10662; 22665, CA 10662PublishedCited by 22 opinions
1Opinion of the CourtGillette, J.
Pursuant to ORS 138.060(3), 1 the state appeals from pretrial orders in companion cases suppressing evidence seized pursuant to a warrant.
The affidavit in support of the warrant is set out in the margin. 2 We agree with the trial court that the peculiar facts set out in the affidavit were "stale”.
2
The only operative facts recited in the affidavit supporting issuance of the warrant are that (1) a confidential reliable informant was in certain premises "within the past 96 hours” and that (2) while there he observed marijuana.
The following facts, among others, are not made known: (1) How much…
2Cases cited4 opinions
- State v. IngramOregon Supreme Court · 1968
- State v. SpicerOregon Supreme Court · 1969
- State v. ScheidemannOregon Supreme Court · 1968
- State v. BlackCourt of Appeals of Oregon · 1978
3Cited by22 opinions
- State v. HorwedelCourt of Appeals of Oregon · 1984
- State v. LovatoNew Mexico Court of Appeals · 1994
- State v. ScheerCourt of Appeals of Oregon · 1980
- State v. DunningCourt of Appeals of Oregon · 1986
- State v. SundermanCourt of Appeals of Oregon · 2020
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