State v. Bice

Defendants are charged with a number of drug related offenses, including manufacture of a controlled substance, marijuana. ORS 475.992(1). The state appeals pretrial orders suppressing evidence seized pursuant to a search warrant. The issue is whether the information in the affidavit, submitted to obtain the warrant, established probable cause to believe that the evidence would be at defendants’ residence.

Officer Paul, the affiant, swore in the affidavit that he had spoken to a “confidential reliable informant,” referred to as “A”:

“ ‘A’ told me a person by the name of ‘Cliff lives on…