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STATE v. MIEBACH

10-85-09164, 10-86-02535 & 10-85-09163; CA A40904 (Control), A42496 & A42651.

755 P.2d 133 (1988)

91 Or.App. 328

STATE of Oregon, Respondent, v. Robert Graves MIEBACH, Appellant. State of Oregon, Respondent, v. Jacqueline Suzette Miebach, Appellant.

Court of Appeals of Oregon.

Decided June 1, 1988.

Attorney(s) appearing for the Case

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

Stephen F. Peifer, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.

RICHARDSON, Presiding Judge.

Defendants appeal convictions for first degree burglary, asserting that the trial court erred by denying their motions to suppress evidence discovered in their pickup during the execution of a search warrant. They argue that the use of an electronic tracking device ("beeper") invalidated the search and that the police lacked probable cause to stop and arrest them. They also challenge the amount of restitution ordered. The cases, although...

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