State v. Sargent

Police officers executed a warrant to search an apartment in Portland for evidence related to heroin trafficking. The warrant was based on observations that had been made earlier during the service of an arrest warrant at the same premises. The police officers obtained various items of evidence of heroin trafficking and use. Based on that evidence, defendant, his wife, and others were charged with possession, delivery, and conspiracy to deliver heroin.

Defendant moved to suppress a variety of evidence. The trial court denied suppression of items that the police saw in plain view in the…