State v. Bailey
Court of Appeals of Oregon
1Opinion of the CourtHaselton, J.
Defendant appeals his conviction for possession of a controlled substance, ORS 475.992, and assigns error to the denial of his motion to suppress evidence. We vacate the conviction and remand for further findings pertaining to the lawfulness of the search.
The facts, as found by the trial court, are as follows: On the night of September 11, 1994, Myrtle Point Reserve Police Officer Gwartney saw defendant looking in the windows and trying the door handles of a business establishment. Gwartney contacted Walker, another officer, and reported his observations.
Walker responded and saw defendant…
2Cases cited16 opinions
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