STATE v. MIDDAUGH


507 P.2d 42 (1973)

STATE of Oregon, Respondent, v. William Thomas MIDDAUGH, Appellant.

Court of Appeals of Oregon.

Decided March 5, 1973.

Rehearing Denied March 29, 1973.

Review Denied May 22, 1973.


Attorney(s) appearing for the Case

J. Marvin Kuhn, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

John W. Osburn, Sol. Gen., Salem, argued the cause for respondent. With him on the brief was Lee Johnson, Atty. Gen., Salem.

Charles Robinowitz, Portland, filed a brief amicus curiae for the American Civil Liberties Union of Oregon.

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


THORNTON, Judge.

Defendant appeals from his conviction for criminal activity in drugs, ORS 167.207, contending that the trial court should have granted his motion to suppress evidence. Here, as in his motion, the defendant asserts that the dangerous drug introduced against him, amphetamine sulfate, is the product of an illegal search and seizure.

After the denial of the suppression motion, and trial before the court without a jury, the court found the defendant...

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