1. (1) In any proceeding on a motion to suppress evidence wherein, pursuant to ORS 133.693, the good faith of the testimony presented to establish probable cause is contested, and wherein such testimony includes a report of information furnished by an informant whose identity is not disclosed in the testimony, the moving party shall be entitled to prevail on the motion to suppress and evidence obtained as a result of the information furnished by the informant shall be suppressed unless:

   1. (a) The evidence sought to be suppressed was seized by authority of a search warrant and the informant testified in person before the issuing authority; or
   2. (b) The judge determines from the affiant by a preponderance of the evidence that such confidential informant exists and is reliable.
2. (2) If the defendant is entitled to prevail on the motion to suppress under subsection (1) of this section, the evidence obtained as a result of the information furnished by the informant shall be suppressed.

[1973 c.836 §119]