State v. Trax

The majority holds that the trial court erred in denying defendants’ motion to suppress. It concludes that the warrant in this case was constitutionally defective because it failed to describe with sufficient particularity the place to be searched. For the reasons I will explain, I believe that the trial court acted properly in denying defendants’ motion to suppress.

*213The majority is right that the purpose of the particularity requirement is to minimize the risk of intrusion into premises other than those as to which a magistrate has found probable cause to search. State v. Devine, 307 Or 341,…