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STATE v. POTTLE

Nos. TC 20-567B, CA A22439, SC 29615 and 29616.

677 P.2d 1 (1984)

296 Or. 274

STATE of Oregon, Respondent On Review, and Petitioner On Review, v. Craig Steven POTTLE, Petitioner On Review and Respondent On Review.

Supreme Court of Oregon, In Banc.

Decided January 24, 1984.

Attorney(s) appearing for the Case

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

Stephen F. Peifer, Deputy Atty. Gen., Salem, argued the cause and filed the brief for respondent/petitioner on review, state of Or. With him on the brief were Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.

CAMPBELL, Justice.

This case involves the legality of a wiretap. The trial court found the wiretap order to be sufficient on its face, held that defendant Pottle lacked "standing" to object to the lack of minimization in the conduct of the wiretap, and denied his motion to suppress the wiretap and the derivative evidence. The Court of Appeals reversed, found that Pottle had "standing," suppressed the evidence and remanded for a new trial. 62 Or.App. 545,

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