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STATE v. BOUTIN

552 P.2d 1349 (1976)

STATE of Oregon, Appellant, v. Jerome Francis BOUTIN, Respondent.

Court of Appeals of Oregon.

Decided August 16, 1976.

Attorney(s) appearing for the Case

Kevin L. Mannix, 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.

Paul J. DeMuniz, Deputy Public Defender, Salem, argued the cause for respondent. With him on the brief was Gary D. Babcock, Public Defender, Salem.

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

SCHWAB, Chief Judge.

This is an appeal by the state from an order suppressing as evidence a quantity of illegal drugs. The sole question presented is: when an undercover police officer is present at a time when a private party makes an unauthorized search which the undercover agent did not initiate and in which he did not participate in any way, are the fruits of the search subject to suppression? We hold that they are not...

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