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STATE v. MORGAN

C8907-33587; A63453.

806 P.2d 713 (1991)

106 Or.App. 138

STATE of Oregon, Respondent, v. Todd Lee MORGAN, Appellant.

Court of Appeals of Oregon.

Decided February 27, 1991.

Attorney(s) appearing for the Case

Martin W. Reeves, Portland, argued the cause and filed the brief for appellant.

Jonathan H. Fussner, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before WARREN, P.J., and RIGGS and EDMONDS, JJ.

RIGGS, Judge.

Defendant appeals his conviction for being an ex-convict in possession of a firearm. ORS 166.270. He assigns error to the trial court's denial of his motion to suppress tangible and testimonial evidence. He argues that, because he was arrested without probable cause, the evidence was the fruit of an unlawful arrest and should have been suppressed. We reverse.

Officer Olsen was the only witness at the hearing on the motion to suppress. He

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