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STATE v. STRUBHAR/JACKSON

8506-1179, 8507-1488; CA A37512, CA A37513.

728 P.2d 928 (1986)

82 Or.App. 560

STATE of Oregon, Appellant, v. JIMMY REVES STRUBHAR, Respondent. State of Oregon, Appellant, v. Patricia Ann Jackson, Respondent.

Court of Appeals of Oregon.

Decided December 4, 1986.

Reconsideration Denied January 16, 1987.

Attorney(s) appearing for the Case

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause, for appellant. With him on brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Diane L. Alessi, Deputy Public Defender, Salem, argued the cause, for respondents. With her on brief, was Gary D. Babcock, Public Defender, Salem.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.

RICHARDSON, Presiding Judge.

The state appeals an order suppressing marijuana seized pursuant to a warrant. The evidence was suppressed following a determination that the affidavit upon which the warrant was issued alleged facts insufficient to create probable cause that marijuana could be found on the premises.

Relevant portions of the police officer's affidavit state:

"In the month of February 1985, I received information from a confidential reliable...

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