State v. Stacey

Defendant was indicted for theft in the first degree, ORS 164.055 (1) (d). A motion to suppress evidence, a pistol, was allowed by the circuit court. The state appeals from the order of suppression.

The evidence introduced at the suppression hearing was that during the early morning hours of July 23, 1973, a deputy sheriff from the Multnomah County sheriff’s office received a call on his radio about a possible theft from a vehicle. When he reached the area, he was informed by two witnesses that they had seen a person carrying something across the parking lot of an automobile dealer. One of the…