State v. Vatland

The state appeals a pre-trial judgment dismissing an indictment that charged defendant with manufacture of a controlled substance, ORS 475.992(1), and criminal conspiracy, ORS 161.450. We vacate the judgment and remand.

Defendant filed a motion seeking, inter alia, an order under OEC 510 requiring the state to disclose the identity of three unnamed informants referred to in the affidavit for a search warrant. The affidavit had been prepared by an agent of the FBI. OEC 510 provides, in material part:

“(2) A unit of government has a privilege to refuse to disclose the identity of a person who has…