State v. Mast

Defendant appeals a judgment of conviction for unlawful possession of a controlled substance, former ORS 475.840(3)(a) (2007), renumbered as ORS 475.752(3)(a) (2011), raising a number of assignments of error. In his first assignment, he argues that the trial court erred in denying his motion to suppress evidence obtained as a result of an unlawful search of his personal business office by a group of deputies who were carrying out a writ of execution. We agree with defendant that the deputies’ entry into his office constituted an unlawful search — a resolution that obviates the need to address…