State v. Whalen

Defendant appeals from his conviction for the crime of manufacturing a controlled substance. ORS 475.992. His only claim of error is that the trial court failed to suppress evidence seized under a search warrant.

On August 28, 1986, a Josephine County District Court judge issued the search warrant. Defendant concedes that the warrant was lawfully issued. On the fifth day after the warrant was issued, and after several attempts to contact the judge who had issued it, a police officer contacted another district judge, who made an endorsement of an extension of time on its face. The warrant was…