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STATE v. DIAZ

564 P.2d 1066 (1977)

29 Or.App. 523

STATE of Oregon, Respondent, v. Steven Leroy DIAZ, Appellant.

Court of Appeals of Oregon.

Decided May 23, 1977.

Attorney(s) appearing for the Case

Gary L. Hooper, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary Babcock, Public Defender, Salem.

Catherine Allan, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were James A. Redden, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Before SCHWAB, C.J., and LEE and RICHARDSON, JJ.

RICHARDSON, Judge.

Defendant was convicted of criminal activity in drugs, ORS 167.207, for the possession of hashish. The sole issue on appeal is whether the police had a right to seize the hashish. The police entered the residence where defendant was living to execute a search warrant authorizing them to search for the fruits of a residence burglary. While searching the residence the police seized a film canister which contained the hashish. Defendant asserts there...

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