State v. Girard

This is an interlocutory appeal by the state, pursuant to ORS 138.060(3), from circuit court orders allowing defendant’s motions to suppress evidence seized by police officers from defendant’s residence without a warrant. On appeal we have allowed the state’s motion to consolidate the two cases against defendant for purposes of reviewing the orders below.

The facts are as follows: On the afternoon of November 13,1974, Officer Congdon of the Clackamas County Sheriff’s Office observed a pickup truck, occupied by defendant, a woman and a small child, exiting the Twin Island Springs residential…