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STATE v. WEIST

TC 10-84-08687; CA A36625; SC S33052.

730 P.2d 26 (1986)

302 Or. 370

STATE of Oregon, Respondent On Review, v. Michael Guy WEIST, Petitioner On Review.

Supreme Court of Oregon, In Banc.

Decided December 23, 1986.

Attorney(s) appearing for the Case

David J. Phillips, Public Defender Services for Lane County, Eugene, argued the cause for petitioner on review. With him on the petition were Robert C. Homan, Eugene.

Jonathan H. Fussner, Asst. Atty. Gen., Salem, argued the cause for respondent on review. With him on the response were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

LINDE, Justice.

The chief issue presented by this and a companion case also decided today, State v. Weist, 302 Or. 379, 730 P.2d 25 (1986) is whether Oregon law permits a magistrate to issue a warrant to search a motor vehicle for evidence that it had been unlawfully registered, an "infraction" under the motor vehicle code, former ORS 481.130 (repealed by Or. Laws 1983, ch. 338...

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