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STATE v. HANSEN

No. C 8005-31665; CA 19706; SC 28272.

664 P.2d 1095 (1983)

295 Or. 78

STATE of Oregon, Respondent On Review, v. William Wayne HANSEN, Petitioner On Review.

Supreme Court of Oregon, In Banc.

Argued and Submitted March 3, 1982.

Attorney(s) appearing for the Case

Wayne Mackeson, Certified Law Student, argued the cause for petitioner on review. On the briefs was Des Connall, Portland.

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

LENT, Chief Justice.

Police unlawfully1 entered defendant's residence, believing marijuana there to be present, arrested defendant for possession of marijuana and held him while a warrant was obtained upon an affidavit that did not contain any evidence of probable cause derived from the entry and arrest. The marijuana was not discovered and physically taken until the search pursuant to the warrant. The issue is whether the unlawful entry...

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