State v. Gassner

The defendant appeals from a conviction of illegal possession of narcotics in violation of ORS 474.020. The sole issue presented concerns the legality of the method of execution of a search warrant. The trial court denied a motion to suppress and this ruling is the basis of defendant’s appeal. We reverse.

On May 10, 1970, several Corvallis police, armed with an admittedly valid search warrant, assembled near an apartment in that city jointly occupied by defendant and one Paul Warren. Sergeant Miller of the police department, who was in charge of the search, had the manager of the apartment…