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STATE v. HICKMANN

540 P.2d 1406 (1975)

STATE of Oregon, Respondent, v. Gary Francis HICKMANN, Petitioner.

Supreme Court of Oregon, In Banc.

Decided October 16, 1975.

Attorney(s) appearing for the Case

John K. Hoover, Deputy Public Defender, Salem, argued the cause for petitioner. With him on the brief was Gary D. Babcock, Public Defender, Salem.

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

BRYSON, Justice.

Defendant was charged with the crime of Criminal Activity in Drugs, ORS 167.207. The trial court allowed defendant's motion to suppress certain evidence seized in his tepee (his residence). The search was conducted without a warrant. The Court of Appeals, one judge dissenting, reversed and remanded to the trial court to make findings as to whether or not defendant "consented" to the police entering his home. State v. Hickmann, Or. App., 75...

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