State v. Jenkins

Defendant appeals from a judgment of conviction for two counts of robbery in the second degree. ORS 164.405(1)(a). Defendant argues that the trial court erred in denying his motion to suppress evidence found as the result of a warrantless search of a garage located on defendant’s parents’ property. In particular, defendant argues that the trial court’s ruling was based on Measure 40 and that, given the Supreme Court’s invalidation of Measure 40 on constitutional grounds in Armatta v. Kitzhaber, 327 Or 250, 252, 254, 959 P2d 49 (1998), the trial court erroneously denied his motion to suppress.…