State v. Coffman

Defendant appeals a judgment convicting him of unlawful manufacture of marijuana, ORS 475.856, unlawful delivery of marijuana, ORS 475.860 (2)(a), and unlawful possession of marijuana, ORS 475.864(2). In a single assignment of error, defendant argues that the trial court should have granted his motion to suppress evidence because officers were trespassing at the time they secured defendant’s consent to enter his apartment. We agree with defendant that the officers were trespassing when they obtained his consent to enter and search his apartment, and we vacate and remand for the trial court to…