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STATE v. FITZGERALD

530 P.2d 553 (1974)

STATE of Oregon, Appellant, v. Wayne E. FITZGERALD, Respondent.

Court of Appeals of Oregon.

Decided December 23, 1974.

Attorney(s) appearing for the Case

Timothy Wood, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Lee Johnson, Atty. Gen. and W. Michael Gillette, Sol. Gen., Salem.

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

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

SCHWAB, Chief Judge.

The state appeals from an order granting a motion to suppress evidence obtained in a warrantless search of a room occupied by defendant in a private residence under a rental agreement. In his motion to suppress, defendant relied on two grounds: (1) failure of the police to give defendant a written list of the items seized, in violation of ORS 133.623,1 and (2) failure of the...

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