# State v. Montigue

> Oregon Supreme Court · January 22, 1980 · 288 Or. 359

URL: https://www.frixlaw.com/law-library/cases/9598475

## Case

- **Full name:** STATE OF OREGON, Respondent, v. TERRY EDWARD MONTIGUE, Petitioner
- **Court:** Oregon Supreme Court
- **Decided:** January 22, 1980
- **Citations:** 288 Or. 359; 605 P.2d 656; 1980 Ore. LEXIS 730
- **Precedential status:** Published
- **Opinion:** Dissent by Denecke
- **Judges:** Tongue, Linde, Lent, Denecke, Holman
- **Cited by:** 56 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9598475

## How later opinions describe it (automated extraction)

- 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
- discussing reasons for deeming information from named informants reliable

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9598475. Public record. Not legal advice.