State v. Lafferty

Defendants were separately indicted for criminal activity in drugs. ORS 167.207. Prior to trial defendants moved to suppress “the search warrant” on the ground that the affidavit was fatally defective. At the suppression hearing the state conceded that the affidavit was defective and the court by order suppressed all evidence seized through the warrant, which included nearly a pound of marihuana. The state appeals pursuant to ORS 138.060 (3).

The state contends that although the search warrant was invalid, the search was valid because the officers testified that when they went to defendants’…