STATE v. CULBERTSON


563 P.2d 1224 (1977)

29 Or.App. 363

STATE of Oregon, Appellant, v. Walter Edward CULBERTSON, Jr., Respondent.

Court of Appeals of Oregon.

Decided May 9, 1977.


Attorney(s) appearing for the Case

Donald L. Paillette, 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.

John Henry Hingson, III, Oregon City, argued the cause and filed the brief for respondent.

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


TANZER, Judge.

This is a consolidated appeal by the state from orders suppressing evidence in two criminal cases arising from the same facts. The home of defendant, a probationer, was searched in his absence, without a warrant, by his probation officer and a deputy sheriff. Observations made during that search were set forth in an affidavit in support of a search warrant, the fruits of which were suppressed. If the initial search was unlawful, then the second search...

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