State v. Hickmann

Defendant was charged with criminal activity in drugs, ORS 167.207. He filed a motion to suppress evidence seized by the police coincidentally with his warrantless arrest within his domicile and search thereof. The court allowed the motion and the state appeals, ORS 138.060(4).

In such an appeal it is elementary that the findings of fact of the trial judge, if supported by substantial evidence, are binding on this court. State v. Johnson/Imel, 16 Or App 560, 571, 519 P2d 1053, Sup Ct review denied (1974). It is also clear that a search of a man’s domicile and entry therein in the absence of a…