State v. Ray

Defendant pled guilty in July, 1976, to a charge of burglary in the second degree. He was placed on three years’ probation. In December, 1978, defendant’s probation was revoked after a show cause hearing. At the hearing, the state offered evidence of other, later criminal activity by defendant. The evidence had been seized pursuant to a warrant which the state concedes was invalid. Defendant’s motion to suppress that evidence was denied, and he appeals.

Since defendant filed his appeal, the Oregon Supreme Court has decided State v Nettles, 37 Or 511, 588 P2d 688 (1979). The court there held…