State v. Grace

Defendant was convicted on four counts of burglary in the first degree, ORS 164.225, and two counts of burglary in the second degree, ORS 164.215. On appeal he assigns as error the trial court’s denial of his motion to suppress items seized during a search pursuant to a warrant which were not named in the warrant. He also argues that ORS 164.235(2), defining “burglar tool” as “any * * * tool, instrument or other article * * * designed * * * for committing or facilitating a forcible entry into premises,” is unconstitutionally vague.1

Defendant became a burglary suspect when his 14-year-old…