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STATE v. JOHNSON

44041; CA A37510.

717 P.2d 187 (1986)

78 Or.App. 387

STATE of Oregon, Appellant, v. Rusty Dale JOHNSON, Respondent.

Court of Appeals of Oregon.

Argued and Submitted February 10, 1986.

Attorney(s) appearing for the Case

Jeff Bennett, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on brief was Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Roy E. Elicker, II, Metropolitan Public Defender, Oregon City, argued the cause and filed brief for respondent.

Before JOSEPH, C.J., and VAN HOOMISSEN and YOUNG, JJ.

VAN HOOMISSEN, Judge.

Defendant was charged with driving under the influence of intoxicants. The state appeals a trial court order suppressing evidence of blood test results. No question was raised by defendant in the trial court regarding the voluntariness of his consent to the withdrawal of his blood. The issue is whether a warrant was required to test the blood. We conclude that no warrant was required, and we reverse...

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