STATE v. KOPPENHAFER

No. 81-353; CA A22876, No. 81-354; CA A22877.

650 P.2d 981 (1982)

59 Or.App. 213

STATE of Oregon, Appellant, v. Frederick Carson KOPPENHAFER, Respondent. State of Oregon, Appellant, v. George S. Castagnola, Respondent.

Court of Appeals of Oregon.

Decided September 15, 1982.

Reconsideration Denied October 27, 1982.


Attorney(s) appearing for the Case

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.

Lawrence B. Hunt, Portland, argued the cause for respondent Frederick Carson Koppenhafer. With him on the brief was Becker, Sipprell & Hunt, Portland.

S. Lynn Parkinson, Oregon City, argued the cause for respondent George S. Castagnola. With him on the brief was Parkinson, Fontana, Schumann, Jones & Ellis, Oregon City.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.


BUTTLER, Presiding Judge.

In these consolidated cases, the state appeals an order suppressing evidence seized pursuant to a search warrant. The issue is whether the affidavit was sufficient to support the issuance of the warrant. Because we conclude that the affidavit was sufficient, we reverse.

The relevant portions of the affidavit state:

"That on 4/10/81, I was in contact with a confidential and reliable informant who in the past has furnished...

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