STATE v. NESS

CA 17831; SC 28376.

653 P.2d 548 (1982)

294 Or. 8

STATE of Oregon, Respondent On Review, v. Russell Brian NESS, Petitioner On Review.

Supreme Court of Oregon.

Decided November 16, 1982.


Attorney(s) appearing for the Case

Robert J. McCrea of Morrow, McCrea & Divita, P.C., Eugene, argued the cause and filed the petition and brief for petitioner on review.

Stephen F. Peifer, Asst. Atty. Gen., Salem, argued the cause for respondent on review. On the brief were Dave Frohnmayer, Atty. Gen., John R. McCulloch, Jr., Sol. Gen., William F. Gary, Deputy Sol. Gen. and Karen H. Green, Asst. Atty. Gen., Salem.

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


TANZER, Justice.

This is a companion case to State v. Brock, 294 Or. 15, 653 P.2d 543 (decided today). Defendant assigns as error the denial of his motion to suppress evidence seized during a nighttime search in execution of a search warrant which authorizes execution "at any time of the day or night."

We held in Brock that indorsement of a search warrant for nighttime execution...

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