State v. Stoudamire

The state appeals a pretrial order suppressing evidence in this criminal proceeding. ORS 138.060. Defendant was charged with possession of a controlled substance, ORS 475.992(4)(a), and moved to suppress evidence found in his home by Lake Oswego police officers who had responded to a burglar alarm. The trial court granted the motion on the ground that the officers’ entry into defendant’s home violated defendant’s rights under Article I, section 9, of the Oregon Constitution and the Fourth Amendment to the United States Constitution. For the reasons stated below, I would conclude that the…