State v. Evoniuk

The State appeals an order suppressing evidence granted on the ground that the affidavit for a search warrant did not establish probable cause under the Fourth Amendment and Article I, section 9, of the Oregon Constitution. Defendant Evoniuk was indicted for unlawful possession of a controlled substance (cocaine), unlawful manufacture of a controlled substance (marijuana) and eight counts of being an ex-convict in possession of a concealable firearm, in violation of ORS 475.992(4)(b), 475.992(1)(a) and 166.270, respectively. Defendant Niemi was indicted for unlawful possession of a controlled…