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STATE v. WETTELAND

496 P.2d 27 (1972)

STATE of Oregon, Respondent, v. Dale Norman WETTELAND and Otto Joseph Haak, Appellants.

Court of Appeals of Oregon, Department 2.

Decided April 21, 1972.

Attorney(s) appearing for the Case

Gary D. Babcock, Public Defender, Salem, argued the cause and filed the brief for appellants.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and John W. Osburn, Sol. Gen., Salem.

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

SCHWAB, Chief Judge.

More than five pounds of hashish were introduced in defendants' trial for sale of narcotics under former ORS 474.020(1). On appeal defendants contend the seizure of this evidence was invalid because: (1) the police had no warrant, although they had sufficient information and time to get one; and (2) there were no exigent circumstances that excused the failure of police officers to knock and announce before entering the house where the hashish...

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