State v. Johnson

PEE CUEIAM.

This case is here to test the refusal of the trial court to suppress narcotic evidence seized in a hotel room occupied at the time by defendant. The question argued on appeal is entirely directed at the failure of the officers to conform to ORS 133.320. ①

This case is identical with State v. Hollman, 1968, 251 Or 416, 446 P2d 117, where we refused to consider on appeal an alleged violation of OES 133.320 because the issue was not presented to the trial court. In the instant case the statute was not called to the trial court’s attention, either by the motion to suppress or in the…