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STATE v. ROGERS

CF86-199; CA A41155.

736 P.2d 1024 (1987)

85 Or.App. 303

STATE of Oregon, Appellant, v. Richard Lee ROGERS, Respondent.

Court of Appeals of Oregon.

Decided May 6, 1987.

Reconsideration Denied June 12, 1987.

Review Denied June 30, 1987.

Attorney(s) appearing for the Case

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Lawrence J. Hall, Salem, argued the cause for respondent. With him on the brief was Gary D. Babcock, Public Defender, Salem.

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

VAN HOOMISSEN, Judge.

The state appeals from a pretrial order suppressing evidence seized by police during a search of defendant's residence conducted pursuant to a warrant. We reverse.

A court issued a warrant to search defendant's house for cocaine, fruits and instrumentalities of its sale and evidence of the crimes of possession of a controlled substance and delivery of a controlled substance. While executing...

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