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STATE v. BROCK

CA 17453; SC 28135.

653 P.2d 543 (1982)

294 Or. 15

STATE of Oregon, Respondent On Review, v. Dale Lavonne BROCK, Petitioner On Review.

Supreme Court of Oregon.

Decided November 16, 1982.

Attorney(s) appearing for the Case

Diane L. Alessi of Ransom, Blackman & Simson, Portland, argued the cause for petitioner on review. On the brief was John S. Ransom of Ransom, Rogers & Blackman, Portland.

Stephen Peifer, Asst. Atty. Gen., Salem, argued the cause for respondent on review. On the brief were James M. Brown, Atty. Gen., John R. McCulloch, Jr., Sol. Gen., William F. Gary, Deputy Sol. Gen., and Robert C. Cannon, Asst. Atty. Gen., Salem.

Before DENECKE, C.J., and LENT, LINDE, PETERSON, TANZER and CAMPBELL, JJ.

TANZER, Judge.

Defendant appeals a conviction of theft of a washer, a dryer, a roll of carpet and a full-length mirror. Those items were seized in his home at night pursuant to a search warrant which was indorsed for daytime or nighttime execution. The trial court denied his motion to suppress the evidence. The Court of Appeals affirmed in banc by a fragmented court. We allowed review to consider the application of ORS 133.565(3) which restricts execution of search...

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