STATE v. VELEY

No. CR77-500; CA 10985.

586 P.2d 1130 (1978)

37 Or.App. 235

STATE of Oregon, Appellant, v. William Irvin VELEY, Respondent.

Court of Appeals of Oregon.

Decided November 21, 1978.


Attorney(s) appearing for the Case

James A. Redden, Atty. Gen., Walter L. Barrie, Sol. Gen., and Catherine Allan, Asst. Atty. Gen., Salem, filed the brief for appellant.

Gretchen R. Morris and Fenner, Barnhisel & Morris, Corvallis, filed the brief for respondent.

Before SCHWAB, C.J., and JOHNSON, GILLETTE and ROBERTS, JJ.


JOHNSON, Judge.

Defendant was charged with contributing to the sexual delinquency of a minor. ORS 163.435. The state appeals from a pre-trial order granting defendant's motion to suppress evidence seized under a search warrant on the grounds there was no probable cause to believe the items specified in the warrant, i.e., condoms, pubic hair, and semen stains, were still on the premises at the time the warrant was sought.

The affidavit for the search...

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