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STATE v. APODACA

82-3621-C-3; CA A39294.

735 P.2d 1264 (1987)

85 Or.App. 128

STATE of Oregon, Respondent, v. Nicholas Victor APODACA, Appellant.

Court of Appeals of Oregon.

Decided April 22, 1987.

Attorney(s) appearing for the Case

G. Philip Arnold, Ashland, argued the cause for appellant. With him on the brief was Drescher and Arnold, Ashland.

Terry Ann Leggert, Asst. Atty. Gen., Salem argued the cause for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

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

VAN HOOMISSEN, Judge.

Defendant appeals his conviction for possession of a controlled substance. ORS 475.992. He contends that the trial court erred in denying his motion to suppress evidence seized by the police during a warrantless search of the house in which he was arrested. The dispositive issue is whether the police lawfully entered the house. We conclude that they did not. Therefore, we reverse.

About 2:30 a.m., Trooper McNielly investigated a one car...

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