State v. Duarte/Knull-Dunagan

The state appeals, under ORS 138.060(1)(c), from orders suppressing evidence of a residential marijuana growing operation discovered as a result of a search pursuant to a warrant. The trial court determined that the affidavit in support of the warrant did not establish probable cause to search because it failed to corroborate the reliability of an anonymous informant. Consistently with the standard of review prescribed and amplified in State v. Castilleja, 345 Or 255, 264-66, 192 P3d 1283, adh’d to on recons, 345 Or 473, 198 P3d 937 (2008), we conclude that the issuing magistrate could…