Public-domain · open source
OpenJurist

43 Or. App. 515

603 P.2d 1198

State v. Marquardt

Court of Appeals of Oregon

Decided December 10, 1979

Court of Appeals of Oregon · decided 1979-12-10

Key passage — most relied on by later courts

““Relying on the rule that probable cause must be determined from the ‘four corners’ of the affidavit, i.e., the information properly before the magistrate, defendant contends the information was stale as a matter of law and the warrant invalid. This argument is without merit. It hardly seems likely that the affiant would wait exactly one year from the date he obtained his information and then seek a warrant at 11 p.m. Based on this circumstance, the magistrate, if he noticed the error at all, could properly conclude that it was a clerical error and that the date referred to was February 3, 1979. There is no contention that the affidavit was otherwise insufficient to establish probable cause. The error was a result of the haste of criminal investigation and to treat it in any other manner is to apply a hypertechnical standard of review disapproved by the United States Supreme Court.””

quoted by 1 later decision, including 162 Md. App. 418 - State v. Greenstreet

“It hardly seems likely that the affiant would wait exactly one year from the date he obtained his information and then seek a warrant at 11 p.m. Based on this circumstance, the magistrate, if he noticed the error at all, could properly conclude that it was a clerical error and that the date referred to was [the same date as when he sought the warrant].”

quoted by 1 later decision, including Greenstreet v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1979-12-10

How this case has been cited

Cited by 7 later decisions — most recently December 2013

7 state decisions

4019791980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

*517 THORNTON, J.

¶1 Defendant appeals his conviction of possession of a ntrolled substance (ORS 475.992(4)) and assigns as ror the denial of his motion to suppress the fruits of search of his house on the ground that the affidavit rming the basis for the issuance of the warrant Lowed on its face that the information contained in e affidavit was stale. The warrant was sought and sued on February 3, 1979. The allegations of the ■fidavit came largely from personal observations ade at the same house on the alleged date of "Februy 03, 1978. ”

¶2 Relying on the rule that probable cause must be termined from the "four corners” of the affidavit, the information properly before the magistrate, fendant contends the information was stale as a atter of law and the warrant invalid. This argument without merit. It hardly seems likely that the af-tnt would wait exactly one year from the date he tained his information and then seek a warrant at p.m. Based on this circumstance, the magistrate, if noticed the error at all, could properly conclude that was a clerical error and that the date referred to was bruary 3, 1979. There is no contention that the 'idavit was otherwise insufficient to establish probable cause. The error was a result of the haste of minal investigation and to treat it in any other inner is to apply a hypertechnical standard of review disapproved by the United States Supreme Court. United States v. Ventresca, 380 US 102, 108, 85 S Ct 741, 13 L Ed 2d 684 (1965). See also State v. Diaz, 29 Or App 523, 528, n 3, 564 P2d 1066 (1977).

¶3 Affirmed.

/43/orapp/515 · .json · Public domain