STATE v. PLANT


561 P.2d 647 (1977)

28 Or.App. 771

STATE of Oregon, Appellant, v. Martin Edward PLANT, Respondent.

Court of Appeals of Oregon.

Decided March 21, 1977.


Attorney(s) appearing for the Case

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were James A. Redden, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Gary L. Hooper, 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 LEE and RICHARDSON, JJ.


SCHWAB, Chief Judge.

The state appeals from the granting of defendant's motion to suppress evidence seized by a police officer without a warrant from the motel room defendant was occupying. ORS 138.060(3).

On April 15, 1976, defendant rented a motel room and paid one day's rent. Forty minutes after checkout time the next day, a maid entered defendant's room after knocking on the door and receiving no answer, and saw defendant lying on a bed, apparently unconscious...

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