Court of Appeals of Oregon, 1985

State v. Reierson

State v. Reierson
Court of Appeals of Oregon · Decided September 25, 1985 · Gillette, Hoomissen, Young
75 Or. App. 423; 706 P.2d 597; 1985 Ore. App. LEXIS 3913

State v. Reierson

Opinion of the Court

PER CURIAM

In this possession of a controlled substance case, the state appeals a pretrial order suppressing evidence seized pursuant to a search warrant. ORS 138.060(3). Contrary to the trial court, we find that the affidavit in support of the warrant, when shorn of immaterial and incompetent information, establishes probable cause to search the premises in question by virtue of a controlled “buy” conducted through the agency of a confidential reliable informant and a third party within 48 hours of the issuance of the warrant.

Reversed and remanded for trial.

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