State v. Rocha-Ramos

Defendant appeals from a judgment of conviction for unlawful possession of a controlled substance, ORS 475.992(4)(b) (1995), that was entered after a stipulated facts trial. He assigns error to the trial court’s denial of his pretrial motion to suppress evidence. We reverse.

In its order denying defendant’s motion to suppress, the trial court made the following findings of fact and conclusions of law:

“On April 4, 1997, Salem Police Officers Beaver and Lance were conducting a drug investigation and went to the defendant’s apartment.[ 2 ] The door to the apartment was open. The officers asked…