STATE v. BRIDEWELL

1233; CA A38352.

742 P.2d 648 (1987)

87 Or.App. 316

STATE of Oregon, Appellant, v. Jon BRIDEWELL, Respondent.

Court of Appeals of Oregon.

Decided September 9, 1987.

Reconsideration Denied November 13, 1987.


Attorney(s) appearing for the Case

David Schuman, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

John R. Faust, Jr., Portland, argued the cause for respondent. With him on the brief was Schwabe, Williamson, Wyatt, Moore & Roberts, Portland.

Before WARDEN, P.J., and VAN HOOMISSEN and YOUNG, JJ.


VAN HOOMISSEN, Judge.

The state appeals from a pretrial order suppressing evidence seized after a warrantless entry into a "shop" on defendant's property. The dispositive issue is whether the deputies were lawfully in the shop when they inadvertently saw marijuana in plain view. We are bound by the trial court's determination of what actually happened, but not by the court's legal conclusions. Our function is limited to determining whether the legal principles were...

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