State v. KookState v. Kook
- Reporters:
- , ,
- Before:
- Foley
Defendant was convicted of criminal activity in drugs and was sentenced to 18 months’ imprisonment. He appeals asserting errоr in the denial of his motion to suppress еvidence.
Defendant claims the affidаvit for search warrant was insufficient to establish probable cause becаuse the reliability of the informant was not suрported. In fact, the reliability of the infоrmant was demonstrated, so the affidavit rеcites, by police surveillance of the informant’s entry and exit while he made а purchase of a baggie of marihuana at defendant’s house, which marihuanа was promptly thereafter delivered by the informant to the affiant policе officer. There is no merit to this assignment.
*596 Defendant asserts that since the search warrant did not state that the search сonld be made at “anytime of the day or night” the search was unreasonable. Neither is there merit to this contention. OES 141.080, citеd by defendant, merely sets forth the form to be used for search warrants and is not to be construed as requiring a search warrаnt to be served during the daytime, even though thе warrant omits the language “any time of thе day or night.” ① The warrant authorized immediate search and the record indicates it was served within a matter of a few hours аfter its issuance.
Defendant’s other assignmеnt, that the search was overbroad, is also without merit. “While some items which were not related to the offense of possession of marihuana, such as vitamin pills аnd tea, were seized, only those items rеlevant to the crime charged werе introduced in evidence. Thus, the defendаnt was not prejudiced by seizure of thosе items. The search warrant authorized а search of the dwelling for marihuana. The eoncealable nature of this substаnce warranted a thorough searсh of the house. The search here was no broader in scope than authоrized by the warrant. State v. Ronninger, 7 Or App 447, 492 P2d 298 (1971).
Affirmed.
Notes
The new Oregon Criminal Proсedure Code (Oregon Laws 1973, ch 836, § 85), effective January 1, 1974, does provide that search warrants be served between 7 a.m. and 10 p.m. unless otherwise provided in the warrant.