State v. Gilbert

Defendant was charged by information with criminal activity in drugs, in violation of ORS 167.207.

Prior to trial defendant moved to suppress the drugs (Ritalin tablets) taken from defendant’s person on the ground that they were unlawfully seized. The trial judge allowed defendant’s motion.

The state appeals.

The essential facts are as follows: About 7:45 p.m. on August 15, 1975, Officer Gearheart of the Portland Police Bureau received a telephone call from an informant advising him that defendant was standing in a doorway north of 3975 N. Mississippi Avenue and was in possession of a quantity…