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STATE v. GAITHER

C84-02-30761; CA A33448.

708 P.2d 646 (1985)

76 Or.App. 201

STATE of Oregon, Respondent, v. Harvey Glenn GAITHER, Appellant.

Court of Appeals of Oregon, En Banc.

Decided October 30, 1985.

Attorney(s) appearing for the Case

Sally L. Avera, Salem, argued the cause for appellant. With her on the brief was Gary D. Babcock, Public Defender, Salem.

Linda J. DeVries, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were James E. Mountain, Jr., Sol. Gen. and Dave Frohnmayer, Atty. Gen., Salem.

Before RICHARDSON, P.J., and WARDEN and NEWMAN, JJ.

NEWMAN, Judge.

Defendant appeals his conviction for possession of a controlled substance. ORS 475.992. He assigns as error the court's denial of his motion to suppress "all evidence which was the product of an illegal search" that the police made, including an aluminum foil "bindle" containing heroin. The state concedes that, if the search for the heroin was illegal, defendant's subsequent confession was also inadmissible. The court did not err in denying defendant...

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