State v. Gilbert

The state appeals the trial court’s suppression of evidence. ORS 138.060C3).1

On March 27, 1975 a district court judge issued a warrant which authorized the search of a cabin on the shore of Odell Lake. The warrant specified the objects of the search as a portable space heater, a television set, and a quadrophonic 8-track playback system with radio. Each item was described in detail. The warrant was undated and did not specify the time within which it was to be executed.

The warrant was based upon an affidavit by a Detective Lilly of the Lane County Sheriff’s Office which stated that he had…