State v. Elk

(Pro Tempore).

Defendant was convicted of burglary not in a dwelling. He assigns as error the trial court’s denial of his pre-trial motion to suppress certain evidence allegedly obtained by an illegal search and seizure.

On Sunday, September 25, 1966, the Pendleton sheriff’s office and the Oregon State Police learned of the theft of a shot gun from a pickup truck parked on a reservation near Pendleton. The police were in*617formed by the owner of the gun that a blue 1957 or 1958 Oldsmobile or Pontiac had been seen very near the pickup just prior to the theft. When he went on shift at 4:00 p.m.,…