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STATE v. FOX

C86-07-33474; CA A47073.

763 P.2d 186 (1988)

93 Or.App. 565

STATE of Oregon, Appellant, v. Delbert Laroy FOX, Respondent.

Court of Appeals of Oregon.

Decided October 26, 1988.

Reconsideration Denied January 13, 1989.

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.

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

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

ROSSMAN, Judge.

Under a search warrant procured by telephone, law enforcement officials obtained evidence of manufacture of a controlled substance. The court granted defendant's motion to suppress, and the state appeals. We reverse and remand.

At 3:10 a.m. on July 24, 1986, Deputy Sheriff Sawyer telephoned a district court judge seeking to obtain a search warrant. Pursuant to ORS 133.545(5), Sawyer tape recorded the prepared statement that he read to the judge...

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