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STATE v. DIXSON

TC 84-1821, 84-1822, 84-1823; CA A34586 (Control), A34808, A34817; SC S34536.

766 P.2d 1015 (1988)

307 Or. 195

STATE of Oregon, Petitioner On Review, v. THERESA DIXSON, Respondent On Review, State of Oregon, Petitioner On Review, v. JEFFREY D. DIGBY, Respondent On Review. State of Oregon, Petitioner On Review, v. LORIN LOU DIXSON, Respondent On Review.

Supreme Court of Oregon, In Banc.

Decided December 20, 1988.

Attorney(s) appearing for the Case

Jonathan H. Fussner, Asst. Atty. Gen., Salem, argued the cause and filed the petition on behalf of the petitioner on review. With him on the petition were Dave Frohnmayer, Atty. Gen. and Virginia L. Linder, Sol. Gen., Salem.

Kathleen P. Eymann, Coos Bay, argued the cause on behalf of the respondent on review Theresa Dixson.

James Coffey, North Bend, argued the cause on behalf of the respondent on review Jeffrey D. Digby.

Nick Nylander, North Bend, argued the cause on behalf of the respondent on review Lorin Dixson.

GILLETTE, Justice.

The issue in these criminal cases, combined for purposes of appeal, is whether the search and seizure provision in the Oregon Constitution protects land outside the "curtilage" of a residence. The Court of Appeals concluded that it does, and reversed the defendants' convictions for the manufacture and possession of controlled substances. State v. Dixson/Digby, 87 Or.App. 1, 740 P.2d 1224...

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