State v. Spencer

Defendant appeals from a conviction for burglary in the first degree. ORS 164.225. He assigns as error the denial of his motion to suppress.1 We reverse.

Police received a telephone call from a caller who described two suspicious men walking in the area of Northeast 29th and Wygant in Portland, possibly carrying a television in a plastic bag. Officers were dispatched to investigate. They observed defendant, who matched the description of one of the men and was carrying something in a plastic bag.2 He was in an area that had a high burglary rate. There were no recent reports of burglaries or…