State v. Devine

The issue in this case is whether a search warrant authorizing police officers to search a house also authorizes them to search an apartment located in a separate building on the same lot as the described house. The trial court held that the search of such an apartment was proper, and denied a motion to suppress evidence found in the search. The Court of Appeals affirmed. State v. Devine, 91 Or App 408, 756 P2d 33 (1988). We reverse the decisions of the Court of Appeals and the circuit court.

The search warrant stated that evidence of various crimes was

“CURRENTLY LOCATED WITHIN 442 W.…