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STATE v. MIEBACH

580 P.2d 1082 (1978)

35 Or.App. 251

STATE of Oregon, Appellant, v. Robert Graves MIEBACH, Respondent.

Court of Appeals of Oregon.

Decided July 5, 1978.

Attorney(s) appearing for the Case

Jonathan H. Fussner, Asst. Dist. Atty., Eugene, argued the cause for appellant. With him on the brief was J. Pat Horton, Dist. Atty., Eugene.

James E. Mountain, Jr., 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 THORNTON, TANZER and BUTTLER, JJ.

PER CURIAM.

The order of suppression is affirmed. Chimel v. California, 395 U.S. 752, 89 S.Ct. 2034, 23 L.Ed.2d 685 (1969); Ball v. Gladden, 250 Or. 485, 443 P.2d 621 (1968).

Affirmed.

THORNTON, Judge, dissenting.

A group of police officers went to defendant's residence to arrest another individual who was reported to be living there. While some of the officers...

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