State v. Gardner

DE MUNIZ, S. J.

Defendant appeals a judgment of conviction for unlawful delivery of methamphetamine (ORS 475.890) and unlawful possession of methamphetamine (ORS 475.894). The police entered defendant’s residence three times. The police first entered defendant’s residence as part of a so-called “protective sweep” during the execution of a warrant authorizing the search of other structures on defendant’s property. The second entry occurred when police officers accompanied defendant into his residence so that defendant could retrieve some paperwork regarding ownership of a piece of equipment.…