STATE v. FORSETH

TC 13993; CA A33445; SC S32229.

729 P.2d 545 (1986)

302 Or. 233

STATE of Oregon, Petitioner On Review, v. Ronald A. FORSETH, Jr., Respondent On Review.

Supreme Court of Oregon.

Reassigned March 4, 1986.

Decided November 20, 1986.


Attorney(s) appearing for the Case

Jonathan H. Fussner, Asst. Atty. Gen., Salem, argued the cause for petitioner on review. With him on the petition and memorandum addressing questions of the court were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Ernest E. Estes, Deputy Public Defender, Salem, argued the cause for respondent on review. With him on the memorandum addressing questions of the court was Gary D. Babcock, Public Defender for Oregon, Salem.

Before PETERSON, C.J., and LENT, LINDE, CAMPBELL, CARSON and JONES, JJ.


CARSON, Judge.

On December 8, 1983, county sheriff personnel and local and state police officers executed a search warrant on defendant's residence in Prineville. While executing the warrant, which was for "the controlled substance marijuana and evidence of its use and possession," the officers discovered two small vials. One vial was made of amber, transparent glass; the other was clear glass. Both were visually examined without being opened. The officers observed...

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