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STATE v. MITCHELL

487 P.2d 1156 (1971)

STATE of Oregon, Respondent, v. Michael Ray MITCHELL (C-59109), Richard Alan Fischer (C-59110), Terrence Jones (C-59111), Thomas Alan Gravon (C-59112), and Virginia Mary Linnman (C-59113), Appellants (Five Cases).

Court of Appeals of Oregon, Department 1.

Decided August 12, 1971.

Attorney(s) appearing for the Case

N. Robert Stoll, Portland, argued the cause and filed the briefs for appellants.

W. Michael Gillette, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and Jacob B. Tanzer, Sol. Gen., Salem.

Before SCHWAB, C.J., and LANGTRY and FOLEY, JJ.

SCHWAB, Chief Judge.

The defendants in this consolidated proceeding appeal from convictions of illegal possession of narcotics in violation of ORS 474.020. The main questions presented by these appeals are (1) does Oregon recognize the "exigent circumstances" exception to the requirements of its "knock and announce" statute, ORS 133.290, and (2) did such "exigent circumstances" exist in these cases? For the reasons which follow our answer to both of the questions...

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