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STATE v. EVONIUK

10-84-09089, 10-84-09093; CA A35174 (Control), CA A37414.

722 P.2d 1277 (1986)

80 Or. App. 405

STATE of Oregon, Appellant, v. Michael Lou EVONIUK, Respondent. STATE of Oregon, Appellant, v. Elise Christine NIEMI, Respondent.

Court of Appeals of Oregon.

Decided July 23, 1986.

Attorney(s) appearing for the Case

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

Terrance P. Gough, Eugene, argued the cause for respondents. With him on the brief was Thomsen, Gough & Gough, Eugene.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

ROSSMAN, Judge.

The state appeals an order suppressing evidence granted on the ground that the affidavit for a search warrant did not establish probable cause under the Fourth Amendment and Article I, section 9, of the Oregon Constitution. Defendant Evoniuk was indicted for unlawful possession of a controlled substance (cocaine), unlawful manufacture of a controlled substance (marijuana) and eight counts of being an ex-convict in possession of a concealable firearm...

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