State v. Davis
Court of Appeals of Oregon
1DissentWarren, J.
The majority frames the issue as “whether there is authority to search premises other than those described in the warrant, when the officer has personal knowledge of the premises that were intended to be searched.” 106 Or App at 550. The answer to that is, “No, of course not” with a perfunctory citation to Article I, section 9, of the Oregon Constitution, which prohibits general warrants. That is the majority’s opinion in a nutshell.
Now let us discuss the real issue: Did the warrant describe the house that was searched? The warrant described the house to be searched as a “green single story…
2Cases cited4 opinions
- State v. BlackburnOregon Supreme Court · 1973
- State v. PellerOregon Supreme Court · 1979
- State v. DevineOregon Supreme Court · 1989
- State v. ColeCourt of Appeals of Oregon · 1987