STATE v. GUGGENMOS

(TC 0500398CR; CA A133266; SC S057378).

253 P.3d 1042 (2011)

350 Or. 243

STATE of Oregon, Respondent on Review, v. Bobby Lee GUGGENMOS, Petitioner on Review.

Supreme Court of Oregon.

Decided May 5, 2011.


Attorney(s) appearing for the Case

Robin A. Jones , Senior Deputy Public Defender, Salem, argued the cause and filed the brief for petitioner on review. With her on the brief was Peter Gartlan , Chief Defender, Office of Public Defense Services.

Douglas F. Zier , Assistant Attorney General, Salem, argued the cause and filed the brief for respondent on review. With him on the brief were John R. Kroger , Attorney General, and Jerome Lidz , Solicitor General.

Before DE MUNIZ, Chief Justice, and DURHAM, BALMER, KISTLER, WALTERS, and LINDER, Justices.


DURHAM, J.

Defendant seeks review of a decision of the Court of Appeals that affirmed his conviction for possession of a controlled substance. Defendant contends that the trial court erred in denying his motion to suppress drug-related evidence seized by a police officer from defendant's bedroom following what the state describes as a "protective sweep" of the home in which defendant resided. For the reasons set out below, we conclude that the trial court should have...

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