State v. Nelson

Defendants moved to suppress everything seized in the search of their home.1 The trial court granted the motion, and the state appeals pursuant to ORS 138.060(3). We vacate the order and remand for further findings.

While on parole, defendant Randall Nelson was assigned to Parole Officer Hickey. On November 30, 1988, Hickey went to Randall’s home to look for him. Randall’s brother, defendant Márk Nelson, answered the door. Hickey testified:

“Q And can you tell the Court the conversation that ensued between you and Mr. Nelson at that point?

“A Yes, I asked Mr. Nelson — at that time I didn’t know…