State v. Matthys

Defendants were charged with burglary in the first degree, ORS 164.225, and theft in the first degree. ORS 164.055. The state appeals a pre-trial order suppressing evidence. We affirm.

At about 11:50 a.m. on October 4,1989, Officer Teem was patrolling in a residential area of Newport. He saw an orange Camaro parked off the roadway. No one was in or near the car. It had been backed into foot-high brush to the tree line at a point where a trail leads up a hill to a residential neighborhood. The car had no license plate, but a temporary registration was on the rear window. The officer thought it…