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STATE v. BROTHERS

507 P.2d 398 (1973)

STATE of Oregon, Respondent, v. Franklin BROTHERS, Appellant.

Court of Appeals of Oregon.

Decided March 12, 1973.

Attorney(s) appearing for the Case

Darrell E. Bewley, Portland, argued the cause for appellant. With him on the brief were Francis F. Yunker, and Sherwood, Barnes, O'Dell and Laman, Portland.

John H. Clough, 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 LANGTRY and THORNTON, JJ.

THORNTON, Judge.

Defendant appeals from a conviction for the crime of criminal activity in drugs (ORS 167.207), contending that the trial judge erred in denying his motion to suppress the illegal drugs and paraphernalia seized by the arresting officers. He maintains that (1) the search was in violation of the knock and announce statute (ORS 133.290)1 and the Fourth Amendment, and (2) the search warrant did not authorize entry into the...

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