State v. Scheer

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 with Kathleen Reynolds at 175 North McKinley Street, Apartment No. 5, Eugene, Oregon. The search was conducted on May 14, 1978, pursuant to a warrant issued on the…