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STATE v. TREMAINE

No. 80-4363-C-2; CA A20370.

641 P.2d 637 (1982)

56 Or.App. 271

STATE of Oregon, Appellant, v. Kenneth Edward TREMAINE, Respondent.

Court of Appeals of Oregon, In Banc.

Resubmitted February 4, 1982.

Decided March 8, 1982.

Attorney(s) appearing for the Case

Stephen F. Peifer, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.

Marilyn C. McManus, Deputy Public Defender, Salem, argued the cause for respondent. With her on the brief was Gary Babcock, Public Defender, Salem.

Resubmitted In Banc February 4, 1982.

GILLETTE, Judge.

Pursuant to ORS 138.060(3), the state appeals from a pre-trial order suppressing evidence found during a warrantless search of defendant's motor vehicle. We reverse.

Shortly after midnight on December 4, 1980, police officers Jones and Johnston, driving separate patrol cars, responded to an emergency call at the Minute Market in Phoenix, Oregon. Discovering no emergency there or at the Budget Truck...

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