State v. Fitzgerald

The state appeals from an order granting a motion to suppress evidence obtained in a warrantless search of a room occupied by defendant in a private residence under a rental agreement. In his motion to suppress, defendant relied on two grounds: (1) failure of the police to give defendant a written list of the items seized, in violation of ORS 133.623, ① and (2) failure of the state to show that a warrantless search came within any proper exception to the constitutional prohibition against such searches.

The trial court suppressed the evidence on the statutory ground, making no mention of the…