State v. Morris

Defendant was charged with criminal activity in drugs, furnishing marihuana and possessing over one ounce of marihuana. ORS 167.207. Prior to trial he moved to suppress the drugs involved in the case on the ground they were unlawfully seized by the police. The trial court suppressed and the state appeals. ORS 138.060 (3).

Undercover Police Officer Baxter went to defendant’s apartment in Tigard to negotiate a previously arranged purchase of marihuana and heroin. Four other officers accompanied Baxter to the general area and kept defendant’s apartment under surveillance while Baxter was inside.…