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STATE v. MUCKLEROY

552 P.2d 257 (1976)

STATE of Oregon, Respondent, v. James Everett MUCKLEROY, Appellant.

Court of Appeals of Oregon.

Decided July 26, 1976.

Attorney(s) appearing for the Case

Robert C. Cannon, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

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

Before SCHWAB, C.J., and LANGTRY and FOLEY, JJ.

SCHWAB, Chief Judge.

Defendant, having been convicted of possession of dangerous drugs, ORS 167.207, contends on appeal that the drugs which were the basis of the conviction should have been suppressed because they were seized as the result of a warrantless search which was not based on probable cause.

Six members of the Portland police department, armed with a warrant to search a restaurant and bar for drugs and narcotics paraphernalia, entered the premises...

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