State v. Surface

Defendant appeals his conviction for first degree theft for receiving stolen property in Umatilla County. ORS 164.055; ORS 164.015(5). He assigns as error the court’s denial of his motion to suppress.1 We reverse.

Pendleton Police Officer Palmer was investigating a burglary that occurred in Pendleton. Acting on information from an informant, he obtained a search warrant from the Tribal Court for the Confederated Tribes of the Umatilla Reservation to search defendant’s residence on the reservation. Palmer executed the warrant and seized property that was offered as evidence to convict defendant.