STATE v. JOHNSON


511 P.2d 1258 (1973)

STATE of Oregon, Appellant, v. Donald Herbert JOHNSON, Respondent.

Court of Appeals of Oregon.

Decided July 16, 1973.


Attorney(s) appearing for the Case

John W. Osburn, Sol. General, Salem, argued the cause for appellant. With him on the brief was Lee Johnson, Atty. Gen., Salem.

Charles R. Harvey, Portland, argued the cause and filed the brief for respondent.

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


FORT, Judge.

Defendant was charged with the crime of possession of a stolen motorcycle. ORS 481.990. He filed a motion to suppress certain evidence seized in the garage of his home. The trial court suppressed the challenged evidence and the state appeals.

Two searches were conducted of defendant's garage, each without a warrant and neither incident to an arrest. Thus the burden is upon the state to establish the...

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