State v. Frank

Court of Appeals of Oregon

State v. Frank

658 P.2d 580, 61 Or. App. 741, 1983 Ore. App. LEXIS 2434

CourtCourt of Appeals of Oregon

DecidedFebruary 23, 1983

DocketJ81-2521; CA A24899

StatusPublished

This text of 658 P.2d 580 (State v. Frank) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Frank, 658 P.2d 580, 61 Or. App. 741, 1983 Ore. App. LEXIS 2434 (Or. Ct. App. 1983).

Pincite

Opinion

PER CURIAM.

The state appeals that part of an order which suppressed evidence seized from certain buildings on defendant’s property. The letter opinion of the court, in response to defendant’s motions to controvert the affidavit and suppress the evidence seized, provided in part:

“I * * * agree with the State’s contentions on the matter of probable cause for a warrant to search the green house— so to that extent, Defendant’s motion to suppress the items seized, these shall also be denied.

“Finally, the motion to suppress items seized in the other structures shall be granted as it is apparent the search of the other structures is not based upon any tangible evidence that contraband was therein, rather, the basis was entirely the subjectively based opinions of the officer.”

For the reasons expressed in State v. Harp, 48 Or App 185, 616 P2d 564, rev den 290 Or 171 (1980), we conclude that the affidavit was sufficient.

Reversed and remanded for trial.

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