State v. Fox

Under a search warrant procured by telephone, law enforcement officials obtained evidence of manufacture of a controlled substance. The court granted defendant’s motion to suppress, and the state appeals. We reverse and remand.

At 3:10 a.m. on July 24,1986, Deputy Sheriff Sawyer telephoned a district court judge seeking to obtain a search warrant. Pursuant to ORS 133.545(5), Sawyer tape recorded the prepared statement that he read to the judge, after which he stated, “And that’s the affidavit.” At that point, the judge asked him to turn off the tape recorder, and Sawyer complied. When the tape…