State v. Chapman

*328DE MUNIZ, J.

Defendants were charged with manufacture and possession of a controlled substance. ORS 475.992(l)(b); ORS 475.992(4)(b). The state appeals the suppression of evidence in a pre-trial hearing. We reverse in part and remand.

On Sunday morning, July 30, 1989, residents of a home on Washington Street in Oregon City noticed that a van had pulled into the driveway of a neighboring house and that two men were walking back and forth between the van and the house. Fearing that a burglary was in progress, they dialed 911. In response, Officer Fourier arrived at 9:25 a.m. and saw a man closing…