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STATE v. NICHOLSON

10-86-01624; 86 CR 0119 TM; CA A42364 (Control), CA A42590.

748 P.2d 1028 (1988)

89 Or.App. 306

STATE of Oregon, Appellant, v. Charles Edward NICHOLSON, Respondent. State of Oregon, Appellant, v. Patrick Russell Bowling, Michael Patrick Bowling and Charles Edward Nicholson, Respondents.

Court of Appeals of Oregon.

Decided January 27, 1988.

Attorney(s) appearing for the Case

Terry Ann Leggert, Asst. Atty. Gen., Salem, argued the cause for appellant. With her on the brief were Dave Frohnmayer, Atty. Gen. and Virginia L. Linder, Sol. Gen., Salem.

Robert J. McCrea, Eugene, argued the cause and filed the brief for respondents.

Before WARDEN, P.J., and JOSEPH, C.J., and VAN HOOMISSEN, J.

VAN HOOMISSEN, Judge.

These criminal cases are consolidated for appeal. The state seeks reversal of orders of two trial courts suppressing evidence seized from a parked car and from rural premises. ORS 138.060(3). Both courts found that the initial seizure of the car was unlawful and that the later search, conducted pursuant to a warrant, was tainted. We affirm.

The evidence shows1 that defendant Nicholson rented a motel room in...

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