STATE v. KELGARD

No. 17-929B; CA 11589, No. 17-929A; CA 11591.

594 P.2d 1271 (1979)

40 Or.App. 205

STATE of Oregon, Respondent, v. Craig Lester KELGARD, Appellant. State of Oregon, Respondent, v. Lori Ann Hedgecock, Appellant.

Court of Appeals of Oregon.

Decided May 14, 1979.


Attorney(s) appearing for the Case

James E. Mountain, Jr., Deputy Public Defender, Salem, argued the cause for appellants. With him on the brief was Gary D. 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 Walter L. Barrie, Sol. Gen., Salem.

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


TANZER, Judge.

Defendants were convicted of three counts of criminal activity in drugs. They assign as error the denial of their motion to suppress evidence seized during a warrantless search of their residence. The primary issue is whether the taint of the illegal entry and search of the residence was purged by defendant Hedgecock's consent to search the residence. We hold that it was not and therefore reverse.

The arresting officer, using binoculars, spotted...

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