State v. Berg

Defendants Berg, Mutschler and Cantrell were charged with criminal mischief in the first degree. ORS 164.365. They moved to suppress evidence seized from Mutschler’s automobile during a search authorized by a warrant, primarily on the grounds that the earlier stop and arrest of defendants and the seizure of the automobile were unlawful. The state appeals from an order allowing defendants’ motions. We reverse and remand.

Facts

Between midnight and 1:00 a.m. on June 29, 1981, Albany police received four reports of vandalism, all the incidents occurring in the same area of Albany. Although…