State v. Wolfe

Defendant appeals his convictions for first degree rape, ORS 163.375, and second degree kidnapping. ORS 163.225. He assigns as errors the trial court’s refusal to suppress certain evidence, the denial of his motion for judgment of acquittal and the failure to merge the convictions. We reverse, because the motion to suppress should have been granted.

The evidence adduced at the hearing on the motion to suppress is not in dispute. On February 17, 1981, following a complaint by the alleged victim, a warrant was issued for defendant’s arrest. On that date, three plainclothes officers went to…