Opinion

State v. Montigue

  • 288 Or. 359
  • 605 P.2d 656
  • 1980 Ore. LEXIS 730
Court
Oregon Supreme Court
Filed
Jan 22, 1980
Status
Published
Author
Denecke
On the bench
Tongue, Linde, Lent, Denecke, Holman
Cited by
56 cases

holding that, when a named citizen informant initiates a report based on a personal observation to a police officer, that citizen is presumed to be credible and reliable, because the citizen is subjecting himself or herself to potential civil liability

How later courts described this case

  • holding that, when a named citizen informant initiates a report based on a personal observation to a police officer, that citizen is presumed to be credible and reliable, because the citizen is subjecting himself or herself to potential civil liability
  • discussing some relevant factors in assessing credibility of informant and reliability of information
  • discussing rationale for deeming named citizen informant reliable when that citizen initiates a report of a crime to a law enforcement agency
  • establishing a higher evidentiary standard for probable cause determinations

Written by the judges who cited it.

The opinion

DENECKE, C. J.,

dissenting.

I concur in that part of the dissenting opinion of Justice Lent that would hold that the affidavit in this case is insufficient.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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