STATE v. DAW

No. 87-371; CA A47348.

765 P.2d 241 (1988)

94 Or.App. 370

STATE of Oregon, Appellant, v. Miki Mari DAW, Aka Miki Mari Harrington, Respondent.

Court of Appeals of Oregon.

Decided December 14, 1988.


Attorney(s) appearing for the Case

Jonathan H. Fussner, 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.

Diane L. Alessi, Deputy Public Defender, Salem, argued the cause for respondent. With her on the brief was Gary D. Babcock, Public Defender, Salem.

Before WARDEN, P.J., and GRABER and RIGGS, JJ.


WARDEN, Presiding Judge.

The state appeals from a pretrial order granting defendant's motion to suppress evidence on the basis of a violation of ORS 133.565(3). We affirm.

At 4 p.m., on September 11, 1987, the district court issued a warrant authorizing a search of defendant's residence. The warrant was executed on September 17, 1987, at 5:13 p.m. The warrant did not contain an endorsement allowing its execution more than five days after the date it issued...

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