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STATE v. TUCKER

Nos. 20-567a, 81-5453a; CA A22122.

662 P.2d 345 (1983)

STATE of Oregon, Appellant, v. Mindi Marie TUCKER, Respondent.

Court of Appeals of Oregon, In Banc.

Argued and Submitted May 14, 1982.

Resubmitted February 9, 1983.

Reconsideration Denied June 10, 1983.

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.

Wayne Mackeson, Certified Law Student, Portland, argued the cause for respondent. On the brief was Des Connall, P.C., Portland.

Resubmitted In Banc February 9, 1983.

BUTTLER, Judge.

The state appeals from a pretrial order granting defendant's motion to suppress all evidence obtained by the state through the interception of all telephone calls to and from defendant's telephone during a period of about six weeks. The trial court found that the state had made no effort to minimize the interception of communications not otherwise subject to interception, ORS 133.724(4) and (5);

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