Shumway v. Oregon State Peniten., Corr. Div.

Oregon Administrative Rule 291-105-041(5) is a Corrections Division administrative rule which is sorely in need of clarification. Serious drafting defects have resulted in a rule that causes uncertainty and unpredictable results in the rule’s administration. This case should convey the message that this rule needs re-examination.

Since the United States Supreme Court decided Aguilar v. Texas, 378 US 108, 84 S Ct 1509, 12 L Ed 2d 723 (1964), and Spinelli v. United States, 393 US 410, 89 S Ct 584, 21 L Ed 2d 637 (1969), the terms “reliable” and “credible” have achieved a degree of special…