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STATE v. VANCE

492 P.2d 493 (1972)

STATE of Oregon, Appellant, v. Arlanda Arthur VANCE (No. C-70-11-0500 Cr), Respondent. State of Oregon, Appellant, v. Milton Quinn Vance (No. C-70-11-0501 Cr.), Respondent.

Court of Appeals of Oregon, Department 2.

Decided January 6, 1972.

Attorney(s) appearing for the Case

Walter L. Barrie, 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.

Charles R. Harvey, Portland, for respondent Arlanda Arthur Vance, and A.I. Bernstein, Portland, for respondent Milton Quinn Vance, filed the brief for respondents.

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

THORNTON, Judge.

The state appeals from an order suppressing various narcotics and narcotic paraphernalia, which were seized during a search of the home of Milton Vance, one of the defendants herein. The sole ground for suppression was that the officers executing the search warrant failed to comply with Oregon's "knock and announce" statute, ORS 133.290.1 The state contends that there were exigent circumstances which excused their failure...

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