STATE v. FELGER


526 P.2d 611 (1974)

STATE of Oregon, Appellant, v. Walter Ellsworth FELGER, Respondent.

Court of Appeals of Oregon.

Decided September 23, 1974.


Attorney(s) appearing for the Case

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

Roger J. Leo, Newport, argued the cause for respondent. On the brief were MacPherson & Carstens and Kurt Carstens, Newport.

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


THORNTON, Judge.

Defendant was charged with the crime of arson in the first degree in allegedly setting fire to a dwelling which he was renting in Newport. This is an appeal by the State from an order granting defendant's motion to suppress certain evidence obtained in searching and photographing the unit without a warrant.

The question for decision is: Did the fire and police officials need to obtain either a warrant or express permission from defendant before...

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