STATE v. SCHEER

No. 78-3328; CA 16559.

620 P.2d 973 (1980)

49 Or.App. 937

STATE of Oregon, Respondent, v. Stephen Roy SCHEER, Appellant.

Court of Appeals of Oregon.

Decided December 22, 1980.


Attorney(s) appearing for the Case

Larry R. Roloff, Eugene, argued the cause and filed the brief for appellant.

Robert D. Bulkley, Jr., Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James M. Brown, Atty. Gen., John R. McCulloch, Jr., Sol. Gen., and William F. Gary, Deputy Sol. Gen., Salem.

Before Gillette, P.J., and ROBERTS and CAMPBELL, JJ.


GILLETTE, Presiding Judge.

This is a criminal case in which defendant seeks reversal of his conviction for Illegal Possession of Narcotic Drugs. On appeal, defendant assigns as error the trial court's denial of his motion to suppress. We agree with the defendant that the trial court should have suppressed evidence seized pursuant to the search warrant, and therefore reverse.

At the time of the search which is the subject of this case, the defendant resided...

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