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STATE v. HARP

10-79-08181, 10-79-08180; CA A24954, CA A25012; SC S30918.

697 P.2d 548 (1985)

299 Or. 1

STATE of Oregon, Petitioner On Review, v. Janie Lea HARP, Respondent On Review. State of Oregon, Petitioner On Review, v. Grandville Gene Harp, Jr., Respondent On Review.

Supreme Court of Oregon, In Banc.

Decided March 26, 1985.

Attorney(s) appearing for the Case

Steven F. Peifer, Asst. Atty. Gen., Salem, argued the cause for petitioner on review. On the petition and brief were Dave Frohnmayer, Atty. Gen., James E. Mountain, Jr., Sol. Gen., and Robert E. Barton, Asst. Atty. Gen., Salem.

Dan A. Neal, Eugene, argued the case for respondents on review. With him on the brief was Neal & Krambs, Eugene.

ROBERTS, Justice.

The question is whether probable cause existed to support issuance of the search warrant for a search of defendants' home.

Defendants moved, at a consolidated hearing before the trial court, to controvert the affidavit supporting a search warrant issued for the search of their home. The trial court suppressed the evidence seized pursuant to the warrant in both cases.1

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