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STATE v. BERG

No. 81 1412; CA A22485.

652 P.2d 1272 (1982)

60 Or.App. 142

STATE of Oregon, Appellant, v. Joseph Arthur BERG, III, Jay Warren Mutschler, John James Cantrell, Respondents.

Court of Appeals of Oregon.

Decided October 27, 1982.

Attorney(s) appearing for the Case

Thomas H. Denney, 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.

Jim Hilborn, Corvallis, argued the cause for respondent Berg. With him on the brief was Corl, Hilborn & Taylor, Corvallis.

Paul H. Kuebrich, Albany, argued the cause and filed the brief for respondent Mutschler.

No appearance for respondent Cantrell.

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

ROSSMAN, Judge.

Defendants Berg, Mutschler and Cantrell were charged with criminal mischief in the first degree. ORS 164.365.1 They moved to suppress evidence seized from Mutschler's automobile during a search authorized by a warrant, primarily on the grounds that the earlier stop and arrest of defendants and the seizure of the automobile were unlawful. The state appeals from an order allowing defendants' motions. We reverse and remand...

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