State v. Muckleroy

Defendant, having been convicted of possession of dangerous drugs, ORS 167.207, contends on appeal that the drugs which were the basis of the conviction should have been suppressed because they were seized as the result of a warrantless search which was not based on probable cause.

Six members of the Portland police department, armed with a warrant to search a restaurant and bar for drugs and narcotics paraphernalia, entered the premises described in the warrant, ordered everybody not to move and explained the purpose of their entry. The defendant did not obey the police instructions, but,…