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STATE v. CARTER

No. 36087; CA 19433, No. 36086; CA A20310.

636 P.2d 460 (1981)

54 Or.App. 852

STATE of Oregon, Respondent, v. Timothy James CARTER, Appellant. State of Oregon, Respondent, v. Arlin Duane Burton, Appellant.

Court of Appeals of Oregon.

Decided November 23, 1981.

Attorney(s) appearing for the Case

D. Lawrence Olstad, Portland, argued the cause and filed the brief for appellants.

R. Wayne Torneby, Certified Law Student, Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., William F. Gary, Sol. Gen., and James E. Mountain, Jr., Deputy Sol. Gen., Salem.

Before BUTTLER, P.J., and RICHARDSON and WARREN, JJ.

BUTTLER, Presiding Judge.

Defendants, in a consolidated appeal, seek reversal of their convictions for possession of a controlled substance (marijuana) on the ground that the court erred in refusing to suppress all evidence seized by police during a warrantless search of defendants' property.1 Because we conclude the warrantless search and seizure were unreasonable, we reverse.

The relevant facts are not disputed. State Police...

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