State v. Portrey

Defendant appeals from convictions for burglary in the second degree, ORS 164.215, theft in the first degree, ORS 164.055, theft in the second degree, ORS 164.045, and criminal mischief in the first degree, ORS 164.365. He assigns as error the trial court’s denial of his motion to suppress evidence seized pursuant to a search warrant. He argues that, because the determinative information in the affidavit offered in support of the application for the warrant was obtained through an illegal search, the affidavit did not establish probable cause to search his residence. We reverse.

On the night…