Arrest and Related Procedures

ORS 133.703
Identity of informants

(1)

In any proceeding on a motion to suppress evidence wherein, pursuant to ORS 133.693 (Challenge to truth of evidence), 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:

(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

(b)

The judge determines from the affiant by a preponderance of the evidence that such confidential informant exists and is reliable.

(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]

Notes of Decisions

In camera examination of confidential informant was not required where judge based finding of informant's reliability on fact that affiant was credible while defendant's version was not. State v. Age, 38 Or App 501, 590 P2d 759 (1979)

§§ 133.525 to 133.703

Notes of Decisions

Infractions are "criminal" and search warrant may issue for their investigation. State v. Weist, 79 Or App 435, 720 P2d 753 (1986), aff'd 302 Or 379, 730 P2d 25 (1986)

Law Review Citations

52 OLR 139-154 (1973)

Source

Last accessed
Jun. 26, 2021

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