STATE v. GASSNER


488 P.2d 822 (1971)

STATE of Oregon, Respondent, v. Stephen Russell GASSNER, Appellant.

Court of Appeals of Oregon, Department 2.

Decided September 21, 1971.


Attorney(s) appearing for the Case

Robert J. McCrea, Eugene, argued the cause for appellant. With him on the brief were Mulder, Morrow & McCrea, Eugene.

W. Michael Gillette, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and Jacob B. Tanzer, Sol. Gen., Salem.

Before SCHWAB, C.J., and FORT and THORNTON, JJ.


SCHWAB, Chief Judge.

The defendant appeals from a conviction of illegal possession of narcotics in violation of ORS 474.020. The sole issue presented concerns the legality of the method of execution of a search warrant. The trial court denied a motion to suppress and this ruling is the basis of defendant's appeal. We reverse.

On May 10, 1970, several Corvallis police, armed with an admittedly valid search warrant, assembled near an apartment in that city jointly...

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