Legal Opinion

State v. Nearing

Court of Appeals of Oregon

Decided December 17, 1973No. C 72-11-3623; C 72-11-3613PublishedCited by 8 opinions

1Opinion of the CourtFort, J.

These are consolidated criminal cases in which separately indicted defendants were convicted of criminal activity in drugs arising out of the same transaction. ORS 167.207. The assignments of error relate essentially to the validity of a search warrant.

On November 25, 1972, Deputy Sheriff Erin Kelley and Sgt. Rodney D. Englert applied for and obtained a search warrant to search the premises at 5631 S.E. 83rd Avenue, Portland, Oregon.

The affidavit was sworn to jointly by the of ficers and stated, inter alia, that a reliable informant, who had been inside the premises within the past 48 hours…

2Cases cited7 opinions

  1. Theodor v. Superior CourtCalifornia Supreme Court · 1972
  2. State v. ElkinsOregon Supreme Court · 1966
  3. People v. AlfinitoNew York Court of Appeals · 1965
  4. Rickard v. EllisOregon Supreme Court · 1962
  5. State v. KobersteinCourt of Appeals of Oregon · 1972

2 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. State v. MellingerCourt of Appeals of Oregon · 1981
  2. State v. WillcuttCourt of Appeals of Oregon · 1974
  3. State v. TidymanCourt of Appeals of Oregon · 1981
  4. State v. JohnsonCourt of Appeals of Oregon · 1976
  5. State v. MauldingCourt of Appeals of Oregon · 1977

3 more not listed; retrieve them via the Exa API.

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