State v. Rivas

Defendant petitions for review of our decision in which we reversed a trial court order suppressing evidence that the state intended to use in his trial for aggravated murder. 99 Or App 23, 781 P2d 364 (1989). We treat the petition as one for reconsideration, ORAP 9.15(1), allow it, and modify our former decision.

A police officer arrested defendant in the kitchen of the restaurant where he was working. The officer did not have an arrest or search warrant. At the trial- court, defendant attacked the legality of the arrest on a number of grounds, including that the kitchen was not a public…