State v. Morrison

Defendants have petitioned for review of our decision. 107 Or App 343, 812 P2d 832 (1991). We treat the petition as one for reconsideration, ORAP 9.15, and allow it. We modify our decision, vacate defendants’ convictions and remand for further proceedings.

The facts may be found in our previous opinion in State v. Morrision/Bartee, supra, and will not be repeated here in any detail. We affirmed defendants’ convictions, because we held that the trial court’s denial of defendants’ motions to suppress was correct. We upheld the validity of the search warrant because we concluded that the…