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STATE v. KIRSCH

133823; CA A27640.

686 P.2d 446 (1984)

69 Or.App. 418

STATE of Oregon, Appellant, v. William Marvin KIRSCH, Respondent.

Court of Appeals of Oregon.

Decided August 8, 1984.

Review Denied October 30, 1984.

Attorney(s) appearing for the Case

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause and filed the brief for appellant. With him on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Deputy Sol. Gen., Salem.

Stephen J. Williams, Deputy Public Defender, Salem, argued the cause and filed the brief for respondent. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Before GILLETTE, P.J., and WARDEN and YOUNG, JJ.

GILLETTE, Presiding Judge.

The state appeals the pretrial suppression of methamphetamine which was seized from defendant's vehicle during a warrantless search that followed his arrest for driving while under the influence of intoxicants, ORS 487.540, and for the possession of an explosive (dynamite) without a valid certificate. ORS 480.210. The trial court ruled that there were no exigent circumstances to justify the search and seizure. The state contends that the...

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