STATE v. WESTSIDE FISH CO.


570 P.2d 401 (1977)

31 Or.App. 299

STATE of Oregon, Appellant, v. WESTSIDE FISH COMPANY, Respondent.

Court of Appeals of Oregon.

Decided October 24, 1977.


Attorney(s) appearing for the Case

John W. Burgess, 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.

Paul J. Jolma, Clatskanie, argued the cause and filed the brief for respondent.

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


TANZER, Judge.

The state appeals from an order suppressing evidence obtained in three warrantless searches of defendant's business premises. Defendant is a licensed food fish canner and licensed wholesale fish dealer. On three occasions state police officers, acting in their capacities as fish and game officers, entered defendant's cannery without a warrant and without probable cause. Defendant neither resisted nor consented. The officers discovered unlawfully possessed...

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