Legal Opinion
State v. Horwedel
Court of Appeals of Oregon
Decided January 11, 1984No. C 82-05-35394; CA A27329PublishedCited by 17 opinions
1Opinion of the CourtRichardson, P. J.
Defendant was indicted for five counts of possession of a controlled substance. The state appeals a pretrial order suppressing evidence seized pursuant to a search warrant. The trial court found that the supporting affidavit failed to establish probable cause that the controlled substance would be on the premises as alleged. Defendant also argues that the information in the affidavit was “stale.”
Under ORS 133.545(3) an application for a search warrant must be supported by
“* * * one or more affidavits particularly setting forth the facts and circumstances tending to show that such things are…
2Cases cited10 opinions
- Illinois v. GatesSupreme Court of the United States · 1983
- Aguilar v. TexasSupreme Court of the United States · 1964
- Spinelli v. United StatesSupreme Court of the United States · 1969
- United States v. VentrescaSupreme Court of the United States · 1965
- State v. MontigueOregon Supreme Court · 1980
5 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- State v. YoungCourt of Appeals of Oregon · 1991
- State v. Christen/HankinsCourt of Appeals of Oregon · 1986
- State v. WorshamCourt of Appeals of Oregon · 1992
- State v. SoudersCourt of Appeals of Oregon · 1985
- State v. EvoniukCourt of Appeals of Oregon · 1986
12 more not listed; retrieve them via the Exa API.