State v. Evans

Two indictments were returned against defendant. The first accused him of assault with a dangerous weapon and pointing a firearm at another. Former ORS 163.250,163.320. The second accused him of being a convicted felon in possession of a concealable weapon. ORS 166.270. Defendant moved to suppress the weapon involved in these charges and also testimony concerning it on grounds that both were products of an unlawful search and seizure. The trial court allowed the motion only as to the weapon. The state appeals pursuant to ORS 138.060 (4).

Shortly before noon on September 28, 1971, State Police…