State v. Sargent

This appeal involves the legality of the police practice of “securing the premises” pending issuance of a search warrant. The trial court held that the officers lawfully entered defendant’s apartment and that they permissibly observed evidence of drug activity while on the premises, but that their actions in “securing the premises” while a warrant was being obtained constituted an impermissible “seizure” of both the apartment and the items recovered during the warrant search. Or Const, Art I, § 9. Accordingly, the court denied defendant’s motion to suppress evidence of the items seen by the…