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STATE v. ANDREASON

TC 85-2121, 85-2122; CA A39306 (Control), A39307; SC S34636.

766 P.2d 1024 (1988)

307 Or. 190

STATE of Oregon, Petitioner On Review, v. WILLIAM ROBERT ANDREASON, Respondent On Review, State of Oregon, Petitioner On Review, v. Patricia Ann Cooke, 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.

Diane L. Alessi, Deputy Public Defender, Salem, argued the cause on behalf of the respondents on review.

GILLETTE, Justice.

The issue in this criminal case is whether the search and seizure provision in the Oregon Constitution protects land outside the "curtilage" of a residence.1 The Court of Appeals concluded that it does, and reversed the defendants' convictions for the manufacture and possession of controlled substances. State v. Andreason/Cooke, 87 Or.App. 724, 743 P.2d 781...

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