State v. Krogness

Robert Krogness, Neil Hart and Thomas Russell were convicted of a burglary committed in Pendleton, Oregon. They appeal.

The only question before this court is whether certain evidence was illegally seized. The questioned exhibits are burglars’ tools and the loot from the burglary. They were found in the automobile in which the three defendants were riding. The automobile was stopped for a traffic violation. The evidence was taken in a search which followed. Timely motion was made to suppress the evidence.

The state argues that the illegality, if any, of the seizure cannot be a ground for…