City of Portland v. Paulson

Defendant petitions for review of our decision in 96 Or App 547, 775 P2d 346 (1989), affirming without opinion. We treat the petition as one for reconsideration, ORAP 10.10, we grant the petition and we reverse.

The police were called to investigate a shooting in defendant’s apartment building. Defendant was arrested, removed from his apartment and placed in a patrol car. The arresting officer returned to the apartment, and a woman who told the officer that she lived there led him to a handgun in a bedroom closet. The officer seized the gun, as well as some spent shell casings that were on a…