State v. Tolomei

This case is before us on remand from the Supreme Court.1 State v. Tolomei, 287 Or 701, 601 P2d 1251 (1979). In its opinion the Supreme Court described this case as a puzzle. In brief, the puzzle is as follows.

After police seized marijuana from a house where defendant was present and seized amphetamines from his vehicle, defendant was charged under former ORS 167.207, with two counts of criminal activity in drugs. Count I charged defendant with possession of marijuana and Count II charged possession of amphetamines. Defendant’s motion to suppress evidence was denied. Thereafter, defendant…