STATE v. SUPER

No. C 77-09-12753; CA 10672.

588 P.2d 106 (1978)

37 Or.App. 731

STATE of Oregon, Respondent, v. Robert Paul SUPER, Appellant.

Court of Appeals of Oregon.

Decided December 26, 1978.


Attorney(s) appearing for the Case

S. Randall Johnson, Certified Law Student, Salem, argued the cause for appellant. With him on the brief were Gary D. Babcock, Public Defender, and Marianne Oswald, Deputy Public Defender, Salem.

Gregory A. Parker, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

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


LEE, Judge.

Defendant appeals his conviction of burglary in the second degree on the ground that the trial court erred in denying his motion to suppress evidence seized when officers executed a warrant for his arrest for a separate offense of robbery. Defendant contends that despite the officer's information concerning a possibly dangerous resident of the house entered for the purpose of arrest, the officers violated defendant's Fourth Amendment rights when they entered...

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