State v. Mauro

The state appeals defendant’s judgment for indemnity, ORS 33.110, which the court granted after it held the state in contempt for wilful violation of its order to return defendant’s car and scale. The state assigns as errors that the court found that the state was in wilful contempt and awarded judgment to defendant. We reverse.

On July 30,1985, Eugene police searched defendant’s home pursuant to a warrant and seized several items, including a scale. Defendant was indicted for unlawful possession of a controlled substance, ORS 475.992(4), and unlawful possession of a weapon. ORS 166.250. He…