State v. Swibies

Defendant appeals from his conviction for possession and delivery of a controlled substance. He assigns error to the denial of his motion to suppress evidence obtained after he was stopped during the execution of a search warrant. We reverse and remand.

Richard Ness was suspected of being an “upper level” cocaine dealer. Oregon State Police officers had made controlled buys from both Ness’s home and his business next door. Based on those buys and their surveillance of his home and business, they concluded that “numerous persons were coming and going” to purchase controlled substances from him.…