State v. Gulley

The state appeals a pretrial order suppressing evidence obtained during a search of defendant’s residence pursuant to a condition of defendant’s probation. The sole issue on appeal is whether defendant’s probation officer had reasonable grounds to request the search. We conclude that he did, and reverse and remand.

On May 22,1992, defendant was convicted of possession of a controlled substance, ORS 475.992(4), and sentenced to 18 months probation.1 Defendant’s probation required him to “obey all laws, municipal, county, state and federal” and to “abstain from the use of intoxicants.” In…