State v. Johnson

The state appeals an order suppressing evidence. ORS 138.060(3). We affirm.

Defendant was a suspect in a homicide investigation. Two detectives visited defendant’s home for the purposes of arresting him on an unrelated probation violation charge and interviewing him about the homicide. The police transported defendant to the police station to interview him. After the interview, the police seized the clothing and boots that defendant was wearing, because they believed that the items matched a witness’s description of clothing and boots worn by the killer. The police then obtained a search…