STATE v. MILLER


528 P.2d 1082 (1974)

STATE of Oregon, Appellant, v. Willie Eugene MILLER, Respondent.

Court of Appeals of Oregon.

Decided December 9, 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.

Jana T. Gregory, Portland, argued the cause and filed the brief for respondent.

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


TANZER, Judge.

This is an appeal by the state from an order suppressing evidence obtained in a warrantless search. The trial court held that there was neither probable cause to enter a house nor exigent circumstances allowing a warrantless entry.

Two undercover police officers arranged with a heroin addict named McRoberts to purchase one to four ounces of heroin through him. McRoberts did not know that the officers were police personnel. He had made two previous...

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