STATE v. SHELTON

87-2550-C-2; CA A47118.

767 P.2d 496 (1989)

95 Or.App. 127

STATE of Oregon, Appellant, v. Robert Keith SHELTON, Respondent.

Court of Appeals of Oregon.

Decided January 25, 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.

Mary Reese, Deputy Public Defender, Salem, argued the cause for respondent. On the brief were Gary D. Babcock, Public Defender, and Peter Gartlan, Salem.

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


PER CURIAM.

Defendant was charged with possession of a controlled substance. ORS 475.992(4). The state appeals a pretrial order suppressing evidence, contending that the seizure was valid under either the "plain view" or the "emergency" exception to the warrant requirement. In granting defendant's motion, the trial court stated only:

"It's close. The balance is an extremely close situation, but I think it's the Court's responsibility to resolve close calls...

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