State v. Feehely

Defendants appeal their conviction of criminal activity in drugs, ORS 167.207. 1 They assign as error (1) the trial court’s denial of their motions to suppress evidence of a search and seizure; (2) the admission of certain evidence; and (3) the trial court’s failure to give requested instructions.

For ten days prior to September 13, 1975, police officers had been maintaining surveillance of defendant Waldrip’s residence. Police Officer Guth sought a search warrant by making a recorded telephone call to a magistrate in which he supplied the following information. He was engaged in the…