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STATE v. LARKINS

493 P.2d 172 (1972)

STATE of Oregon, Appellant, v. Donald Ray LARKINS, Respondent.

Court of Appeals of Oregon, Department 2.

Decided February 4, 1972.

Attorney(s) appearing for the Case

Al J. Laue, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Lee Johnson, Atty. Gen., and John W. Osburn, Sol. Gen., Salem.

William E. Hanson, Portland, argued the cause for respondent. With him on the brief were William E. Hanson and Dardano, Mowry & Hanson, Portland.

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

LANGTRY, Judge.

This appeal is from an order of the trial court suppressing evidence seized by police officers pursuant to a search warrant. The ground for suppression was that the officer executing the warrant did not comply with the "knock and announce" statute. ORS 133.290.

The warrant was issued upon the basis of an affidavit by the executing police officer in which, among other things, he stated that a reliable informant had informed him that two specifically...

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