State v. Lyman

Defendant moves for reconsideration of our decision in State v. Lyman, 133 Or App 600, 891 P2d 24 (1995), which affirmed without opinion her conviction for possession of methamphetamine, a controlled substance. ORS 475.992. We allow the motion, vacate the judgment of conviction and remand for further proceedings.

Before trial, defendant moved to suppress evidence seized by police officers who had visited her apartment building to investigate a landlord-tenant dispute. The evidence showed that upstairs tenants had spoken with the officers and then ushered them down to the ground floor level,…